beta
(영문) 대구지방법원 2013.01.25 2011가합2948

손해배상(기)

Text

1. The Defendant’s KRW 31,173,195 as well as 6% per annum from April 7, 2011 to January 25, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. On February 11, 2010, the Plaintiff concluded a contract with the Defendant for construction work to remodel a ground restaurant (hereinafter “instant remodeling work”) on the land B (hereinafter “instant land”) located in Chungcheongnam-gun, Chungcheongnam-gun, North Korea (hereinafter “instant land”) with the construction period from March 1, 2010 to May 31, 2010; the construction amount of KRW 317,350,000 (including value-added tax 28,850,000); and the rate of penalty for delay at 5% per month; on April 7, 2010, the construction work on the instant land packing the outdoor portion of the freezing warehouse 4,479 square meters (hereinafter “instant marina-gun construction work”) to the construction period from April 7, 2010 to June 30, 2010, including the value-added tax of KRW 30,000,500,508 (hereinafter “instant remodeling work”).

(hereinafter referred to as the “instant remodelling works” and the Marshing Works. b.

By June 25, 2010, the Plaintiff paid the Defendant KRW 445,00,000 in total as the construction cost of the instant case.

C. Upon the Plaintiff’s request, the Defendant added KRW 34,684,305 to each of the instant construction works, such as underground water pipeline construction, ridge installation construction, tin axis construction, shower sloping construction, installation of reinforcement floors construction, replacement of the rear concrete wall, landscaping installation, packing construction around the restaurant building, and floor enhancement construction.

On the other hand, the repair cost incurred in performing the non-construction part of the per-party packing work in this case is KRW 102,102,00, and the repair cost incurred in rebuilding the defective parts in the remodeling work in this case is KRW 40,458,00 (hereinafter “each of the above repair costs”) and the construction cost is KRW 142,560,000,000, which is the sum of the repair cost in this case’s repair cost (hereinafter “each of the above repair cost”) and the construction cost according to the ratio of the non-performance cost executed by the Defendant among the M party packing work in this case is KRW 101

[Ground for recognition] Unsatisfy, each entry of Gap evidence 11 (including branch numbers; hereinafter the same shall apply), each appraisal and supplementary of appraiser C, the purport of the whole pleadings

2. The defendant alleged by the plaintiff.