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(영문) 광주지방법원 2018.10.12 2015가합60292

공사대금

Text

1. The Defendant’s KRW 139,257,590 as well as 6% per annum from October 30, 2015 to October 12, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts (applicable for recognition: The fact that there is no dispute, Gap's subparagraphs 1 through 4, 10, 11, 13 through 18 (including branch numbers for those with virtual numbers; hereinafter the same shall apply);

(i) each entry or video, the purport of the entire pleadings

A. On August 8, 2014, the Plaintiff received each contract from the Defendant for the installation of solar structures (hereinafter referred to as “instant construction”) from the Defendant, including ① the contract amount of KRW 105,000,000 (excluding value-added tax), ③ the installation of solar structures from September 1, 2014 to September 30, 2014, ② the contract amount of KRW 175,000 (excluding value-added tax) and the construction period of KRW 175,000 (excluding value-added tax) and the installation of solar structures from September 15, 2014 to October 15, 2014.

B. The instant construction work is conducted in the order of the Plaintiff’s purchase of materials, to make solar structures in line with the design, to dispatch them to the gold business, and to set up structures to the place of installation after advertising them. From August 10, 2014, the Plaintiff started to produce the said C and D solar structures from around August 10, 2014. From August 25, 2014 to September 30, 2014, the Plaintiff completed the payment for the structures corresponding to 74,780km through the Dispute Resolution Committee.

C. On September 2015, the Defendant notified the Plaintiff that “The instant construction contract cannot be maintained any longer as C and D solar structures installation projects are nonexistent.”

2. (1) The contractor may compensate for damages and rescind a contract before the contractor completes the work (Article 673 of the Civil Code). Accordingly, the contractor is obligated to compensate for the damages that would have been incurred to the contractor due to the unilateral termination of the contract, i.e., the total amount of the costs already incurred by the contractor and the profits that would have been incurred if the contractor had completed the work. However, in light of the concept of fairness, the contractor is not obliged to use the income or materials that was prepared for the completion of the work, even though the contractor was unable to obtain or could have obtained due to his or her failure or negligence.

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