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(영문) 서울중앙지방법원 2018.04.11 2016가합525508

손해배상(기)

Text

1. Defendant B Co., Ltd.: (a) KRW 103,670,600 for the Plaintiff and 5% per annum from November 26, 2010 to April 11, 2018.

Reasons

1. Basic facts

A. On April 30, 2010, the Plaintiff entered into a construction contract. On April 30, 2010, the Plaintiff’s neighborhood living facilities in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant building”).

2) A new construction project (hereinafter referred to as “instant construction project”)

(1) The contract for the instant construction work was made with the construction cost of KRW 1,16,50,000 (including value-added tax), the due date of completion October 17, 2010, and the due date of delay penalty of KRW 0.3% per day (hereinafter “instant construction contract”).

Article 1 (General Provisions) (hereinafter referred to as “A”)

and contractor (hereinafter referred to as “B”)

Article 6 (Construction Supervisor) (1) in order to ensure the proper implementation of the contract, A himself/herself shall supervise it, or on his/her behalf, engage in the following suspicions on his/her behalf (hereinafter referred to as “Construction Supervisor”) in order to ensure the proper implementation of the contract:

may appoint a person as such.

1. Supervising and attending the general construction work;

2. To be present in the inspection or examination of the materials and construction works of the Corporation;

3. Article 19 (Adjustment of Contract Price due to Modification of Design) (1) In a case where the contents of a design do not coincide with the condition of the construction site or are unclear, omitted or erroneous, or unexpected circumstances arise in relation to construction, or where the installation of additional facilities is required due to a modification of the project plan, etc., as a result of an inspection of completed portion of construction, inspection of completion, or delivery of objects of construction, A shall modify the design;

(2) Where the volume of construction works increases or decreases due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards, and if necessary, the construction period shall be extended or shortened

Article 28 (Defect Security) (2) B shall repair all defects incurred in the relevant work from the date of arrival of the actual object and from the date of completion of the inspection of completion to the date of completion, whichever comes first, during the period of warranty liability stipulated in the contract.

2. The case.