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(영문) 울산지방법원 2018.08.29 2016가합21793

손해배상(기)

Text

1. As to KRW 195,270,895 and KRW 179,270,895 among the Plaintiff, Defendant C Co., Ltd. from June 21, 2016 to August 201, 2018.

Reasons

(2) On October 1, 2015, H (hereinafter “H”) entered into a contract with the Defendant C (hereinafter “Defendant C”) to subcontract the part of the interior construction (hereinafter “instant interior construction”) among the instant construction works on October 1, 2015 with the contract amounting to KRW 55,00,000, and with the construction period from October 1, 2015 to October 14, 2015, and to subcontract with the Defendant C (hereinafter “Defendant C”) on November 13, 2015. The contract entered into between the Plaintiff and the Defendant to subcontract the part of the interior construction works (hereinafter “instant interior construction works”).

1. The ordering person: G - The name of original contract: the extension works of a G hospital and the alteration of use;

2. The name of the subcontracted project: Indoor construction works among projects for expanding G hospitals and altering the purpose of use.

3. Place of construction: Ulsan-gu F

4. Construction period: The contract amount from November 13, 2015 to January 31, 2016: the daily gold-free KRW 1,485,000,000 (Won 1,485,000,000): The daily gold-free KRW 1,350,000 (Won 1,350,000,000) (the daily labor cost: the daily labor cost): Value-added tax under Article 84 of the Enforcement Decree of the Framework Act on the Construction Industry * The daily gold-free KRW 135,00,000 (Won 135,000,000).

6. Payment of the price:

(a) Contract deposit;

(b)Payments after claims for completed portion;

(c) Adjustment and payment of the price following a modification of design by 100% of the completion money (scheduled settlement after the end of each contract amount): The price shall be modified where the project owner and the supervisor recognize it as such;

7. The scope of construction project: the construction project conducted in accordance with the drawings and estimates;

8. Contract bond: 10%;

9. Warranty bond rate: 3%, 10. : 11. 2 years: The rate of liquidated damages: 0.3% shall be as follows:

C. During the process of the instant interior building construction, Defendant C suspended construction around April 23, 2016, and the Plaintiff, Defendant C, and E, the owner of the instant interior building, entered into an agreement with the following terms on April 26, 2016, and completed a written confirmation (hereinafter “instant confirmation”).

Written Confirmation: Payment of Construction Price, Implementation of Construction, and Direct Payment of Subcontract Price;

1. The plaintiff is the defendant.