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(영문) 전주지방법원 2014.12.05 2014가합2470

손해배상(기)

Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a contractor who was awarded a contract for the “C Project” ordered by the branch office of the Korea Rural Community Corporation (hereinafter “instant construction”) from D.

B. Around December 2010, the Plaintiff agreed to subcontract the instant construction to the Defendant, and on February 16, 201, the contractor and the contractor shall be the appointed, but the construction period shall be from December 10, 201 to June 30, 201; the contract amount shall be KRW 553 million and the contract amount shall be KRW 50 million.

Article 1 The objective of this Convention is to establish guidelines for the management and operation of the instant construction project ordered by A (Plaintiff) and to promote efficient project management and on-site management.

Article 3 In order to promote the efficient performance of construction works and clarity of construction responsibility, A (Plaintiff) shall delegate all the authority of construction works equivalent to the contract amount of landscaping facilities to B (Defendant) in order to promote the efficient performance of construction works and clarity of construction responsibility, B (Plaintiff) shall be entrusted with the authority of Party A to all the responsibility for the completion and handling of defects of the instant construction works and shall be all the civil and criminal liability arising during construction works.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. On May 201, 201, the Plaintiff awarded a subcontract for the instant construction project to the Defendant, but it was anticipated that the construction cost would be added to the Defendant’s construction cost while performing the construction project, the Plaintiff voluntarily discontinued the construction project and cut off contact.

Therefore, the plaintiff employed E as the head of the site office and completed the remaining construction work from that time. Accordingly, the plaintiff is liable to compensate for damages, since the plaintiff suffered losses from the total construction cost of 816,573,624 won, including the construction cost additionally invested (i.e., the total construction cost of 816,573,624 won - 553,00,000 won - value-added tax cost of 22,405,696 won actually paid by the plaintiff).

(b).