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(영문) 광주고등법원(전주) 2017.06.15 2015나1142

손해배상(기)

Text

1. Of the parts concerning the counterclaim claim in the judgment of the court of first instance, the following amounts shall exceed the amount ordering payment:

Reasons

1. Basic facts

A. On March 2014, the Plaintiff awarded a contract to the Defendant for installation works of 15 annual and 26 annual greenhouses (hereinafter “instant construction”) with the following content:

(hereinafter “instant contract”). Of the instant construction, the construction of steel frame and automatic excavation facilities is eligible for subsidies under the D project, and the Plaintiff and the Defendant decided to execute the construction based on the design documents presented at South Won-si (hereinafter “instant design documents”) regarding the said steel frame and the construction of automatic excavation facilities.

The name of the business: The scale of the project and the terms and conditions of the contract for the project (one aggregate building): 8,286 square meters (2,511 square meters): The E contract price at Namwon-si: 144,124,00 won (excluding value-added tax) - The project shall be constructed up to non-construction inducement line, transportation line, water supply line, clothes, and floor vinyl.

-one transport unit shall be 5 lines, and one transport unit shall be 2 set up.

- The pipe water shall be installed with the water tank, raw pumps, voltage mortars, and strings and shall be built with two strings per aggregate.

- Clothing are also up to a set of net.

- The floor vinyl shall be cut down after planting seedlings of farmers.

B. The construction cost under the instant contract for each construction project is as follows:

Among the construction cost, material cost was calculated by multiplying the number of specific items by the unit price, and the labor cost was calculated by multiplying the construction area of 8,250 square meters by the unit price for each specific construction.

5,247,105 won for the 54,247,105 won for the construction contract amount, 39,760,790 won for the automatic disposal facilities, 10,861,861,121 won for the 30,421,90 won for the material cost, 408 won for the 3,898,530 won for the material cost, 4,930 won for the material cost, 14,124,934 won for the material cost, 14,934 won for the material cost, such as the 30,861,121 won for the transportation, 4,000 won for the material cost, 4,000 won for the 4,898,530 won for the material cost, 530 won

C. On April 4, 2014, the Plaintiff paid the Defendant KRW 59,00,000,000, totaling of KRW 29,000,000 on April 24, 2014.

The defendant around June 20, 2014, as well as the steel frame construction among the instant construction works.