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(영문) 청주지방법원 2019.07.05 2018가합3639

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 is a corporation that runs public bath business with the trade name “A” established for the purpose of hot spring development and hot spring business.

피고(변경 전 상호 : C 주식회사)는 토목건축공사업 등을 목적으로 설립된 법인이다.

B. From January 20, 2013 to April 30, 2013, the Plaintiff (hereinafter “D”) as the contractor and carried out the construction of four-story neighborhood living facilities (hereinafter “instant building”) on the land of Heungbuk-gu E-gu, Chungcheongnam-do, Chungcheongnam-do. D completed the construction of steel reinforced concrete frame from the ground level 1 to the fourth floor on the ground level, and D discontinued some of the construction works, including pipes, sculptures, equipment, ventilation, electricity, and fire fighting.

Standard contract for private construction works

1. Construction name: New F construction works;

2. The construction site: Heung-gu, Chungcheongnam-gu, Chungcheongbuk-gu.

3. Commencement of construction period: scheduled completion on September 13, 2013: November 20, 2013.

4. Total construction amount: Value-added map of 5,000,000 won per day (5,000,000,000).

7. Warranty liability period: Article 27 (Completion Inspection) (1) of the General Conditions of the Standard Contract for Construction Works for Two-year Private Sector (the defendant shall notify the plaintiff when completion of construction work, and shall conduct the inspection without delay after the plaintiff is notified, and if the plaintiff fails to notify the result of the inspection within ten days after the defendant is notified, the inspection shall be deemed to have passed at the expiration of ten days.

Article 28 (Payment of Price) (1) After passing the Plaintiff’s completion inspection, the Defendant may adjust the construction site, such as the removal and removal of surplus materials, wastes, temporary facilities, etc., and claim the payment of the construction price to the Plaintiff.

(2) The plaintiff shall pay the construction cost to the defendant simultaneously with the delivery of the object of the contract, unless otherwise stipulated.

C. On September 13, 2013, the Plaintiff and the Defendant concluded a standard contract for private construction works (hereinafter “instant construction contract”).