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(영문) 청주지방법원 2017.02.23 2016가단1724
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 10,00,000 and the amount of KRW 14, 2015.

Reasons

1. Comprehensively taking into account the respective descriptions and videos of Gap evidence Nos. 1 through 5 (including each number) as to the claim for principal lawsuit, and the purport of the entire pleadings, the plaintiff was found to have entered into a bank construction contract (hereinafter "the instant construction contract") with the defendant on June 2015 with the defendant for the construction cost of KRW 10,000,000,000 for the Cheongju-gu Da-gu 3785.1 square meters (hereinafter "the instant land"). The plaintiff is deemed to have completed the banking construction project from June 25, 2015 to have completed the construction project and delivered the instant land to the defendant on August 2015. According to the above facts of recognition, the defendant is obligated to pay the plaintiff the above construction cost of KRW 10,00,000 and the damages for delay calculated at the rate of 15% from October 14, 2015 to the day following the delivery of a copy of the complaint of this case as the plaintiff sought.

2. Determination as to the defendant's assertion and counterclaim

A. As to the assertion, the defendant, at the time of the construction contract of this case, notified the plaintiff at the time of the construction contract of this case that he was scheduled to conduct hybrid farming for special crops, such as stormtoma, etc., but, in violation of the good faith principle, the plaintiff suffered losses in the business of 27,67,214 won as well as losses in waste concrete, waste brick, waste iron bars, etc., industrial wastes such as waste plastics, waste plastics, plastic vinyl, urban gas pipes, etc., large and small kinds of miscellaneous rocks, etc., which are mixed with large amounts of soil and 83 cc away from the soil which is not easy to drain. Accordingly, the defendant committed a tort of embankinging the land of this case. Accordingly, the costs of 25,60,000 won are required to restore the land of this case to the original state, and the defendant actually incurred losses in the business of 4,670,214 won by discovering and collecting waste, etc., and the defendant actually incurred expenses of 460,000 won.

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