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(영문) 서울동부지방법원 2015.01.16 2013가합1714

손해배상(기)

Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) B and Defendant C jointly and severally KRW 82,903,826 and Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On June 28, 2012, the Plaintiff entered into a construction contract with Defendant B, who is engaged in the construction business, etc. under the trade name “E,” with the content that the construction work for remodeling of the hotel G (hereinafter “instant building”) located in Chuncheon City F (hereinafter “instant construction work”) is KRW 30 million for the construction work cost (including value-added tax) and the term of the contract from July 2, 2012 to August 30, 2012; Defendant C jointly and severally guaranteed Defendant B’s debt under the instant construction contract, and the main content is as follows.

(A) “A”, “A,” respectively, refers to Defendant B. Article 4 (Work of Corporation)

(a) Eul shall complete the design as specified in Gap and Eul and shall execute it in good faith in accordance with the design plans and specifications;

(b) Ownership of the real right to the construction in question shall be effective until the payment of the construction cost has been made to Section B, and Section B shall be entitled to adequate response, but ownership shall be automatically fulfilled to Section A when the construction cost has been completed.

Article 5 (Composition of Contract)

(a)a contract document that forms the terms of this Agreement shall be composed of, and shall have the effect of, this Agreement and any documents, drawings, etc. agreed upon with A;

B. Unless otherwise expressly stated in this Agreement, minor modifications shall be dealt with without modification of the contract amount.

(c) 10% of the contract amount should be paid as penalty on the part of negligence when the contract is not implemented due to the negligence of either Party A and B.

Article 6 (Modification of Design and Modification of Construction) Where a substantial change in design is required for a specific design matter, in addition to a minor change in design, A shall notify it to B and make a design accordingly, B. In such cases, at the time of significant increase or decrease in service costs and water units, and extension of construction period, B shall be subject to an additional construction cost by mutual agreement with A and B.