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(영문) 의정부지방법원고양지원 2015.02.11 2013가합6322

손해배상(기)

Text

1. The Defendant’s KRW 117,263,819 as well as 5% per annum from July 19, 2013 to February 11, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On December 9, 2009, the Plaintiff entered into a contract with the Defendant under which landscaping construction works are awarded a contract with the Defendant to the contract amount of KRW 3,768,779,000 (excluding value-added tax) (hereinafter “instant contract”). The main content of the instant contract was that the Defendant planted trees in an artificial base green belt in the instant apartment complex.

B. At around 2010, the Plaintiff planted trees in the artificial half-class green belt within the apartment complex of this case in the quantity of 12 weeks (H4.0 x 15 x H3.0 x 8). When a considerable number of trees planted by the Plaintiff were dead, the Plaintiff, at the Defendant’s request, 204 weeks [H4.0 x W2.0 x R20 x R20 x R25 x R25 x 25 x 21 21 weeks (H3.5 x R25) of 21 Y (H3.5 x R12) of 12 weeks (H4.0 x R15 x 3.0 x 8 H3.0 x 8 x 19 x 19 H25 x 4.415 x 5 x 5 Y 4.415 x 5 x 5 x 14.25 x Y x 414.25 m x x 14.4

C. The artificial ground drainage plan map of the apartment of this case stated that there are 15 vertical railers for drainage in the artificial ground greenbelts of the apartment of this case. However, the Defendant’s Intervenor and the Defendant’s Defendant’s Intervenor, who received a contract from the Defendant for all or part of the remainder of the construction except landscaping construction among the new apartment of this case, shall construct only three of 15 vertical railers as indicated in the artificial ground drainage plan, and did not construct the remainder of 12.

[Grounds: Facts without dispute, Gap's 1 to 3, 5 through 9, and 11 (if there are serial numbers, each entry including the branch numbers, and Gap.