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(영문) 서울동부지방법원 2016.03.11 2015나24937

손해배상(기)

Text

1. The part against Defendant A in the judgment of the first instance shall be modified as follows:

Defendant A is in charge of the Plaintiff KRW 60,725,928.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows: “No. 1’s paragraph (a) and (c)” in the reasoning for the judgment of the court of first instance is added to the following: “No. 2’s paragraph (a) and (c) is the same as the reasoning for the judgment of the court of first instance except for the modification as follows. Therefore, it shall be cited in accordance with the main sentence of Article 420 of the

2. (Liability and Guarantee Period of any Defect) If any defect occurs due to a cause attributable to the defendant A, the defendant A shall be liable for the defect.

Article 6 (Performance Guarantee Insurance and Guarantee Period) Defendant A shall be liable for damages, etc. when the failure to perform a contract and the progress of a source project have occurred due to the cause of the Defendant A during the execution period (from November 1, 2013 to January 19, 2014).

Article 7 (Compensation for Delay) When Defendant A fails to perform all or part of the construction by the deadline for execution designated by the Plaintiff, Defendant A shall bear all the expenses incurred after the number of delayed days.

3. The modified part

A. According to the facts of the recognition of Paragraph (1) of Article 2, Defendant A is liable to compensate the Plaintiff for damages caused by nonperformance of obligations under the instant construction contract, since Defendant A, in accordance with the instant construction contract, is not obligated to install the air conditioners and outdoor equipment supplied by the Plaintiff within the construction period, by failing to pay the construction cost to the workers, in violation of this provision, and Defendant B, a field manager, arbitrarily takes out the air conditioners to be installed at the construction site of this case, thereby failing to perform his/her obligations under the instant construction contract, and thereby, the construction cost of this case increases and the construction period increases, thereby resulting in damage to the Plaintiff.

On the other hand, Gap evidence 5, Gap evidence 8-1, and Gap evidence 7-62.