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(영문) 인천지방법원 2017.06.27 2016가합55901
손해배상(건)
Text

1. The Defendant’s KRW 392,50,000 and the Plaintiff’s annual rate of KRW 5% from August 5, 2016 to June 27, 2017.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion that the Defendant: (a) deceivings the Plaintiff as if he had no intent to complete the Ka Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa PaP

On August 2016, the Plaintiff had completed the construction project and planned to operate a camera, but the Defendant has been temporarily delayed construction period and the construction should be resumed by selecting other construction companies.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 823,00,000 and damages for delay from August 5, 2016 to the date of full payment for damages incurred by the Plaintiff due to a tort.

B. According to the overall purport of evidence Nos. 2 through 4 as to the occurrence of liability for damages, the Plaintiff: (a) contracted to the Defendant who constructs a car screen on April 27, 2016 to the Defendant, who constructs a car screen on the Incheon-do Garo farm (hereinafter “instant construction”); (b) on the basis of the contract for construction period of KRW 417 million (excluding value-added tax); and (c) on the basis of the construction cost, the Plaintiff paid the Defendant the construction cost of KRW 50 million on May 13, 2016; (d) KRW 17 million on June 27, 2016; (e) KRW 50 million on July 22, 2016; and (e) KRW 60 million on July 25, 2016; and (e) KRW 500,000,000,000 on July 26, 2016; and (e) the Defendant did not complete the construction work.

According to the above facts, the defendant, as if he did not have the intention or ability to complete the construction of this case within the agreed date, could induce the plaintiff to complete the construction of this case, and as a result, he will be paid the construction price from the plaintiff.

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