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(영문) 수원지방법원 평택지원 2018.08.08 2017가단57972

손해배상(기)

Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 30,081,963 and 5% per annum from July 27, 2017 to August 8, 2018.

Reasons

(b) the facts of the basis;

A. The Plaintiff entered into a contract for construction works and a guarantee agreement with Defendant B on the ground of 1565m2 on the land owned by the Plaintiff (1st and 2nd and 1nd and 2nd buildings; hereinafter “each building of this case”) on the date on which the Plaintiff entered into a contract for construction works and construction works (hereinafter “the instant construction contract,” and “the instant construction works”) among the construction works for the neighborhood living facilities of two Dongs (1st and 1st and 2nd and 2nd buildings; hereinafter “each building of this case”). Defendant C guaranteed the Plaintiff’s obligation to the Plaintiff as the contractor.

B. Main contents of the instant construction contract [The Standard Contract for Private Construction Works, No. 1-1]

1. Name of construction: New construction of G neighborhood living facilities* Steelll* Goll* Changho* Miscellaneous construction works;

2. The construction site: Gyeonggi-do Pyeongtaek-si G.

3. Date of commencement: July 18, 2016.

4. Date scheduled for completion: October 10, 2016.

5. Contract amount: 25,000,000 won (excluding value-added tax); and

6. Contract bond: 1,00,000 won; and

8. Completion portion: After completion of an intermediate payment of KRW 75,000,000 (after completion of a panel steel framed): KRW 50,000 (after completion) * External stairs shall be paid by the person placing a contract only after completion and after completion of the work.

A contractor: Defendant B guarantor: Defendant C [General Conditions of Contract for Private Construction Works, Evidence A No. 1-2] Article 1 (General Provisions) (hereinafter referred to as “A”) and a contractor (hereinafter referred to as “B”) shall enter into a contract in good faith in cooperation with each other on an equal footing.

Article 12 (Inspection, etc. of Materials) (1) Materials to be used for the Corporation shall be new materials, and quality, name, etc. shall conform to design documents.

(4) B shall bear the expenses incurred in inspecting materials, and shall not request an extension of the contract period on the grounds of inspection, reinspection, etc.

(5) Materials used by the Corporation that require assembly or test shall be assembled or tested in the presence of A.

(c) in terms of architectural drawings and estimates;