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(영문) 수원지방법원안산지원 2019.02.22 2016가단67588

손해배상(기)

Text

1. The Plaintiff:

A. Defendant C shall pay KRW 108,032,692 as well as 15% per annum from January 26, 2019 to the date of full payment.

Reasons

Basic Facts

A. On October 1, 2015, D Co., Ltd. (former E Co., Ltd. was changed) or F (hereinafter collectively referred to as “D”) entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to construct a second floor warehouse (hereinafter “instant building”) on the ground of the 6540 square meters of G factory site in Seosan-si owned by D (hereinafter “instant land”).

(The contents of the above contract were changed on November 27, 2015 and changed on December 2015).

D, however, around February 15, 2016, decided that the settlement amount for the above construction contract with the defendant company shall be KRW 357,891,37 (excluding value-added tax) and the middle-standing settlement (excluding value-added tax).

C. On February 20, 2016, the Plaintiff purchased the instant land from D and completed its ownership transfer registration on March 11, 2016.

On March 2, 2016, the Plaintiff entered into a contract for the instant construction project with the Defendant Company (hereinafter “instant contract”). The construction cost shall be KRW 645 million in total (excluding value-added tax). However, considering the construction cost that the Defendant Company adjusted with D as much as KRW 340 million, the Plaintiff shall pay the remainder of KRW 350 million (excluding value-added tax). The completion date of the instant construction completion date of the instant building set on April 15, 2016.

On the other hand, the terms of the contract of this case are as follows.

1. The main contents of the special engineer are excluded from reinforcements and ancillary civil engineering works, and changes into the owner's direct construction works.

2. For reinforcement soil and incidental civil works, only the amount included in the detailed statement of this contract shall be settled, and the excluded details shall be paid directly by the owner to the contractor; and

3. The project owner shall not be responsible for the completion certificate in connection with reinforcement soil and incidental civil works, and the project owner shall be liable for any delay in the completion of construction due to such problems.

4. The installation works shall be limited to the interior works of buildings, and water supply, approval and entry.