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(영문) 광주지방법원 2015.05.22 2014가단10736
손해배상금 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was awarded a contract with Hanyang-si Co., Ltd. for the interior works of the construction section of the apartment site C in Jin-si.

B. On August 29, 2013, the Plaintiff entered into a subcontract (hereinafter “instant construction contract”) with Defendant A as follows with respect to the Onnuridol Construction Work during the said interior works (hereinafter “instant interior works”).

1. Subcontract construction name: Onnuri-projected construction among construction sections of apartment housing construction work;

3. Period of construction: Amount of construction on October 29, 2013, the completion of which on August 14, 2013: KRW 291,900,000 (excluding surcharges).

5. Payment of the price: (i) On or after September 23 of the advance payment, payment of KRW 10,000,000 shall be made 2) settlement within five days after receipt of the completion of the construction company; and (ii) settlement terms after payment of the three supplementary materials shall be as follows:

6. Payment materials: the floor of a joint board.

8. Compensation for delay: 3/100 per day; 15. A [A] and B] shall faithfully perform the contractual matters.

B shall compensate for 10% of the construction amount if a contract is voluntarily terminated without the consent of A.

C. The Plaintiff paid to Defendant A a total of KRW 10 million, including KRW 5 million on September 27, 2013 and KRW 5 million on February 5, 2013.

The defendant A as the head of the site office of the defendant B, and the construction of this case was carried out from September 3, 2013.

E. On October 2013, the Plaintiff concluded a direct contract with Defendant A, and completed the instant construction by continuing the instant construction work, on the ground that it is difficult for Defendant A to complete the construction within the construction period on the wind that Defendant A did not properly perform the instant construction work.

F. The legal brief dated October 10, 2014, stating the purport of the Plaintiff’s rescission of the instant construction contract on the grounds of Defendant A’s nonperformance, was served on Defendant A.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, witness D's testimony, the result of the personal examination of defendant B, the purport of the whole pleadings

2. Determination as to the claim against Defendant A

A. The plaintiff's assertion is that the defendant A is the corporation of this case.

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