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(영문) 대구지방법원 2019.07.26 2018가단126938
손해배상(건)
Text

1. The Defendant’s KRW 40,826,100 as well as annual 6% from May 16, 2018 to June 28, 2019, and the next day.

Reasons

1. Chief;

A. On April 27, 2017, the Plaintiff entered into a construction contract with the Defendant on April 27, 2017, with the construction cost of KRW 134,00,000 (including value-added tax, value-added tax, and KRW 121,818,181), and the construction contract with the construction cost of KRW 2.5 months from the date of the commencement of the construction period, and KRW 10/10,000 for additional works related to the said construction. On August 16, 2017, the Plaintiff entered into an additional construction contract with the Defendant on October 15, 2017 as the construction cost of KRW 57,00,000 for additional works related to the said construction and the completion date of construction (hereinafter referred to as the “instant two construction works en bloc”).

2) The Plaintiff paid KRW 166,80,000 among the instant construction cost of KRW 178,818,000 (i.e., KRW 121,818,000) and did not pay KRW 12,018,000 for the remainder of construction cost.

3) The Defendant suspended construction while performing the instant construction. The Plaintiff did not perform the Plaintiff’s demand for resumption of construction, and the Plaintiff completed the instant construction work on April 16, 2018, when the period of completion of construction exceeds several months. 4) The Defendant, a claim for liquidated damages, which was the date of completion of construction stipulated in the instant construction contract, completed the instant construction work on April 16, 2018, when October 15, 2017, which was the date of completion of construction stipulated in the instant construction contract, was 47 days (from August 5, 2017, until September 5, 2017, 208) (the costs for liquidated damages are 24,386,000 won and damages incurred in lieu of the damages incurred in lieu of the damages incurred in lieu of the damages incurred in the instant construction work).

5. According to the conclusion, the defendant is liable to compensate the plaintiff for the delay, the non-construction, and the damages in lieu of defects.

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