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(영문) 대전지방법원 2016.06.21 2015가단38788

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. On May 21, 2015, the Plaintiff and the Defendant concluded a contract for construction works (hereinafter “instant contract”) with the following content.

The client: The contract for the plaintiff is stipulated as the contractor, but the contractor seems to be the contractor in light of the terms of the contract.

Defendant: The contract amount of the newly built Bridges: the advance payment of KRW 222,00,00: the contract period of KRW 20,000,000: the period from May 17, 2015 to July 21, 2015: the Defendant shall complete the construction in accordance with this contract terms, a process schedule, etc.

Article 8 (Methods of Payment in Advance): In order to facilitate the progress of the project, the plaintiff shall, at the request of the defendant, pay 10% of the contract amount before the commencement of the project, and 20% of the contract amount before the commencement of the project, at the request of the defendant, after the contract, 20% of the contract amount before the commencement of the project, after the completion of the project, after the completion of the project, after 7 days before the completion of the project. The remainder shall be paid 30% at the time of completion of the project.

B. On May 29, 2015, the Plaintiff paid the Defendant KRW 50,00,000, KRW 1,000,000, KRW 15,000,000 on June 9, 2015, and KRW 22,00,00,000 on June 22, 2015.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 2-1 to 4, the purport of the whole pleadings

2. The parties' assertion and judgment

A. On July 2015, the Plaintiff completed the third floor of the Plaintiff’s assertion by the parties and paid the payment for the completed portion to the Defendant.

However, it was difficult for on-site workers to have avoided disturbance to the plaintiff's office as they have changed wages.

The Defendant requested the Plaintiff to increase the contract amount of KRW 50,000,000 after front of the on-site workers, and did not attempt to resolve the situation of the discontinuance of construction.

On-site workers at the end of July, 2015 changed their direct wages to the Plaintiff. From July 24 to August 4, 2015, the Plaintiff paid approximately KRW 115,913,320 to the on-site workers. On-site workers entered into a contract with other companies, and completed the work on September 30, 2015.

The defendant is against the plaintiff.