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(영문) 대전지방법원 2016.04.20 2015가합101768

손해배상(기)

Text

1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate of KRW 20% from February 7, 2015 to September 30, 2015.

Reasons

Basic Facts

A. The second floor of the Daejeon Seo-gu Daejeon District District Building C (hereinafter “instant building”) is owned by the Plaintiff.

On April 28, 2014, the Plaintiff planned to create an office in the instant building, and ordered the Defendant to undertake construction related thereto.

(hereinafter “instant construction contract”). The main contents of the construction contract are as follows:

◈ 공사공사계약

1. The name of the construction work: Neong-gu C second floor interior work;

2. Construction amount: KRW 176,000,000 (including value added tax) per annum; and

3. Method of payment: 30,000,000 won ( April 28, 2014): The intermediate payment of KRW 30,000,000 ( May 7, 2014): 30,000,000 ( May 12, 2014): The intermediate payment of KRW 30,000: The remainder of KRW 30,000 ( May 19, 2014): 26,00,000,000 shall be paid on April 30, 2015;

In relation to the above contract for construction work, the contractor shall be referred to as "A" and the contractor D shall be referred to as "B" and the contract shall be concluded in accordance with the following provisions:

- It shall complete all the construction by no later than May 31, 2014.

(냉난방기 포함) ◈ 공사약관 제2조 : “을”은 “갑”이 정한 설계도서에 따라 상기도급금액으로 상기 기간 내에 공사를 준공하여야 한다.

The term "design drawings" means construction specifications, design drawings, (including where a bill of quantity is prepared) and field description.

The term "bill of quantity of quantity" means a detailed statement in which the size, quantity, unit, etc. of items or items forming the objects of each type of work, and of the same items or items.

Article 3:Modification of design drawings may be modified by an agreement between "A" and "B", and "A" shall bear additional construction costs incurred therein.

Article 6:A “B” shall be produced and installed in accordance with the standards of thorough drawings.

B. The Plaintiff paid the Defendant KRW 150,000,000 in total from April 28, 2014 to May 19, 2014 as the retainer and part payments of the construction contract.

[Reasons for Recognition] There is no dispute, Gap evidence 1 and 2 respectively.