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(영문) 부산지방법원 2016.09.06 2015가단34693

손해배상(기)

Text

1. Defendant C’s KRW 11,00,000 as well as 5% per annum from April 11, 2015 to September 6, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant C is engaged in the manufacturing of machinery, etc. in the name of Defendant B with trade name D.

B. On March 17, 2014, the Plaintiff entered into a subcontract with Defendant C and its electrical construction (hereinafter referred to as “instant electrical construction”) on July 15, 2014, with a contract for the installation of an elevator parking facility (hereinafter referred to as “instant parking machine”) in Busan Suwon-gu E on the completion date of the construction, and on May 7, 2014, on May 16, 2014, the construction cost of the instant electrical construction (hereinafter referred to as “instant electrical construction”); the subcontract from July 1, 2014 to July 15, 2014; and the subcontract from May 28, 2014 to the construction period of the parking facility installation (hereinafter referred to as “instant installation”) to the period from July 1, 2014 to July 15, 2014; and the subcontract from May 28, 2014 to the period from June 20, 2014 to July 7, 2014, respectively.

C. Upon the delay in the completion of the instant electrical construction and installation works, the Plaintiff and Defendant C, from August 30, 2014, agreed that, from August 30, 2014, the remaining process of the said Defendant should be completed within 10 days (such 5 days, 10 days of the installation of machinery) and that, among the additional expenses of 3.20,000 won, the Plaintiff shall bear KRW 3 million and Defendant C shall bear KRW 9.20,00,000 (hereinafter “the first agreement”). Upon the delay in the completion of the instant construction, the Plaintiff and Defendant C agreed that the instant electrical construction and installation works on September 26, 2014 should be completed until October 7, 2014, and that the inspection on the use of the instant parking machine should be conducted on October 8, 2014.

(hereinafter “instant secondary agreement”) D.

The construction was not completed until October 8, 2014, and around that time, Defendant C suspended construction, the Plaintiff mobilized his employees to proceed with the instant construction work.

On October 22, 2014, the instant parking machine was inspected on October 22, 2014, and the Plaintiff delivered the instant parking machine to the Espice Construction on December 10, 2014.

E. Even after the Plaintiff’s completion, G(H).