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(영문) 제주지방법원 2015.01.09 2014가단6120

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, including the status of the parties, is the representative director of C Co., Ltd. (hereinafter “C”) and the Defendant is a non-corporate body D (hereinafter “D organization”).

B. On January 29, 2004, D companies and D organizations concluded a contract for civil construction works under the said housing construction project with C companies on the following grounds: (a) the construction of new housing units on the land outside E and four parcels at Jeju; and (b) the construction of new housing units on the ground; and (c) the sales of housing units to its members.

(2) After completion of the above construction, C Company: (a) the construction cost was increased to KRW 1.429 billion from the initial 1,100,932,800 to the 1.29 billion won; (b) D Company has paid only KRW 1.222,90 million; and (c) as D Company has paid only KRW 1220,000,000,000 among the above construction cost, it is found that the said housing site was a base-up, unlike the initially anticipated construction cost; and (d) the soil emitted from the said site cannot be carried out as a base-up construction cost because it could not be carried out from the outside and filled up the soil, and thus, there was an additional construction cost of KRW 197,00,000 from the aggregate of the balance of the construction cost and the additional construction cost, and thus, D Company has the obligation to pay the remainder of KRW 3597,000,000,000,000,000.

[Attachment District Court 2007Gahap183 (Mains), 2007Gahap3014 (Counterclaim). (3) The above court held on June 11, 2009 that the above construction cost is KRW 1.3 billion, and the above revolving Corporation does not constitute an additional construction.