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(영문) 부산지방법원 동부지원 2018.02.14 2016가단11747

손해배상(기)

Text

1. The Defendant paid KRW 32,065,40 to the Plaintiff KRW 5% per annum from August 6, 2016 to February 14, 2018.

Reasons

1. Facts of recognition;

A. On September 201, the Plaintiff and the Defendant concluded a construction contract with regard to the Busan-gun, Busan-gun, the Plaintiff owned 1,735 square meters (hereinafter “instant land”).

The defendant shall submit the design documents (design documents, specifications, etc.) to the plaintiff before the commencement of works and obtain approval therefor.

However, it is deemed that the plaintiff's conclusion of this contract is approved.

- The defendant shall be responsible for all administrative procedures, authorization and permission, all expenses to be used until completion, and all civil and criminal legal problems arising from the construction.

- - It is to be parallel to the elevation of soil at the time of a stone axis work on the southwest, and on the side of the railroad.

50% of the cost of the dump axis on the southwest side of the ditch - concrete packaging of the entrance slope

(Execution after Completion) - The defendant shall conduct construction work as set out in the design documents and shall be responsible for the construction guarantee.

- The defendant shall be responsible for repairing defects (such as stone shots) which have occurred within one year after the completion of the construction.

Liability and compensation - The defendant shall be fully liable for the plaintiff's damage caused by the defendant's negligence during the work.

B. The Defendant discontinued part of the instant land while performing stone construction work through E and F, and the Plaintiff completed remaining stone construction work on November 2015, and the Plaintiff paid KRW 4,500,000 to F at the expense of stone construction.

C. Around December 2015 and around April 2016, part of the stone embankments constructed and around April 2016 were collapsed, and the remainder of the stone festivals are likely to collapse. Accordingly, around May 2016, the Plaintiff offered a contract to G to perform stone construction work and re-paid the stone construction work, and paid KRW 47,170,000 at that cost (including KRW 6,300,000).

On July 12, 2016, the Plaintiff spent KRW 1,100,000 at the cost of modifying the design drawing; KRW 1,130,000 at the cost of packing the access road around July 25, 2016; KRW 490,600 at the cost of surveying the completion around June 2017; and the construction work on June 15, 2017.