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(영문) 서울서부지방법원 2015.06.05 2014가합3832
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 12, 2012, the Plaintiff: (a) concluded a contract with Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”); (b) the cost of the construction of a new urban-type residential house (hereinafter “instant construction”) at KRW 420,00,000 for the cost of the construction of the new urban-type residential house (hereinafter “instant construction”) at KRW 420,00,000,00 for the construction cost (in the case of a contract, KRW 20,000 for the building of the second floor floor, for the building of the rooftop concrete floor, for the interior watch, and for the construction period at KRW 20

(hereinafter “instant contract”). (b)

Meanwhile, around May 2012, the Plaintiff and the Defendant Company agreed that the Defendant Company be responsible for and implement the expansion of approximately 21 square meters after the completion inspection of the instant construction work.

C. From May 15, 2012 to November 15, 2012, the Plaintiff paid a total of KRW 261,691,000 as construction price to the Defendant Company or a person designated by the Defendant Company.

As the Plaintiff delayed the instant construction work even when the Defendant Company received construction payment, the Plaintiff delayed the instant construction work.

3. If the construction of this case is not completed by 14.0, the contract of this case will be terminated.

“Contents-certified mail” means:

4. 5. Each of the contents-certified mail sent to the Defendant Company that “the termination of the instant contract on the grounds of the delay of construction works by the Defendant Company,” and each of the above services sent to the Defendant Company was difficult to send.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 5, 6, 10, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant Company ceased construction even after receiving the construction cost from the Plaintiff. ① The Plaintiff did not pay the price to be paid as a matter of course to the subcontractor at the time of the peltowing Construction, which is KRW 15,00,000, and the amount to be paid as a matter of course to the E Company is KRW 18,207,50, and the amount to be paid as a concrete price to the E Company, and KRW 24,794,00,000, respectively, and ② the Plaintiff paid as a price to the E Company.

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