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(영문) 부산지방법원동부지원 2016.09.28 2016가단7380

손해배상(기)

Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 1, 2013, the Plaintiff entered into a contract with Defendant B for the construction of a new housing complex facility in Busan-gun, setting the construction cost at KRW 65 million with respect to the construction of electricity, telecommunications, lighting, etc. (hereinafter “instant construction”).

Defendant C jointly and severally guaranteed the performance of Defendant B’s construction work.

B. The Plaintiff paid KRW 40 million as the construction cost, and the Defendant suspended the instant construction work upon the Plaintiff’s request for the waiver of construction work on or after the end of February 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that Defendant B continued to install a contact location at the toilet, laundry room, and kitchen during the performance of the construction work, or to install a contact location as a drawing. The Plaintiff requested correction to Defendant B, but failed to comply with the request.

Accordingly, the plaintiff reserved to the defendant B to compensate for losses in the future, used the waiver of the construction work, and the defendant B renounced the construction work.

Since then, the plaintiff completed the electrical construction with additional costs of KRW 51,241,60.

Ultimately, Defendant B and its joint and several sureties are jointly and severally liable to return the construction cost that Defendant B received, or to pay damages equivalent to the amount of the said cost, inasmuch as the construction period has been delayed due to the erroneous construction by Defendant B, or the Plaintiff bears the additional construction cost.

B. According to the reasoning of the evidence No. 1, the Plaintiff and Defendant C, on March 4, 2014, shall not be held liable for civil or criminal liability for the electrical construction of the apartment on the G Complex Co., Ltd. (Agreement between the parties). The Plaintiff and Defendant C waives all their contracts signed at KRW 65,00,000 of the total construction amount.

was received 40,000,000 won for the remainder of 25,000,000

There is a signature signed in the letter of waiver stating "," and the contents of the above letter.