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(영문) 창원지방법원 2020.08.14 2019나62847
손해배상(기)
Text

1. The judgment of the first instance, including the principal claim expanded by this court and the reduced counterclaim claim, is as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 26, 2016, the Plaintiff entered into a contract with Defendant D for the construction of a neighborhood living facility or a single house (hereinafter “instant construction contract”) and concluded the said building as “new building” (hereinafter “instant new building”). The main contents are as follows.

(j) The name of the construction work: The second name of the construction work; the second name of the construction work: the new construction of a light-weight structure in North America;

3. The construction site: I and J in the South-west Sea-gun;

4. Period of construction: The second commencement date on May 15, 2016 (the date of commencement of civil engineering works): The third completion date on June 15, 2016 (the date of approval for commencement of construction works): The date of completion on September 30, 2016 (Application for Construction Completion).

5. Contract amount: 2.8 million won (excluding the interior) of the building area of a detached house per square day (including the interior) and 4 million won per square day of the building area of a neighborhood living facility (including the interior) under Article 1 (1) of the terms and conditions of the contract (including the interior)

② Defendant D shall submit a report on the commencement of construction works, a construction plan, etc. to the Plaintiff for approval within 30 days after concluding the contract.

④ The Plaintiff is liable to compensate the third party for any damage caused by civil petition while executing construction works.

Article 11 (Land Compensation) (1) When Defendant D fails to complete construction works within the term of the contract due to any cause attributable to Defendant D, he/she shall pay to the Plaintiff at least 2/100 of the contract amount per day immediately thereafter.

B. On August 2016, the Plaintiff asserted that it was around August 2016, when the construction was in progress, the Plaintiff asserted that it was around August 20, 2016, and Defendant D was around August 22, 2016.

Defendant D and the construction cost was KRW 250 million, and the construction contract was concluded for the interior facilities’ interior works (hereinafter “instant additional construction contract”). As to this, the written confirmation of the transaction of construction cost was prepared. However, the date is retroactive on April 26, 2016, as of the date of the preparation of the instant construction contract.

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