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(영문) 인천지방법원 2014.10.21 2014가합7472

공사계약 미이행 및 과실로 인한 손해배상

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1. The Defendant’s KRW 106,248,368 as well as its annual 6% from December 1, 201 to July 8, 2014 to the Plaintiff.

Reasons

1. Indication of claim;

A. On February 14, 2011, and August 18, 2011, the Defendant concluded a contract for the construction work of installing heating equipment with the Plaintiff and Samyang High School dormitories.

B. At the time of the above contract, the Defendant agreed that the water temperature at the time of heating will be 60°C and the heating cost will be reduced to at least 40% upon the completion of the above construction, but the above quality guarantee agreement was not implemented until now after the completion of the construction.

C. The Plaintiff, due to the Defendant’s nonperformance of the above agreement, bears 20,262,320 won (=50,655,803 won) with additional heating costs for three years, 40% (the ratio of heating costs agreed by the Defendant) (35,986,048 won as the expenses for overall facilities for the operation of water pipes and water reservoir tanks, and 20,000,000 won as the expenses for repair due to the damage to the equipment of a dormitory Myeon room.

Therefore, the Defendant is liable to pay the Plaintiff the down payment of KRW 76,248,368 as damages for nonperformance, and the down payment of KRW 30,000,000 paid by the Plaintiff to the Defendant according to the above construction contract.

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;