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(영문) 광주지방법원 순천지원 2017.02.03 2015가단70376
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 11,280,040 and the interest rate of KRW 15% per annum from February 4, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On March 2, 2014, the Plaintiff entered into an agreement with the Defendant on the terms and conditions as follows: (a) the contract amount of KRW 20,000,000 on the land surface C (hereinafter “instant construction”); (b) March 10, 2014 on the commencement date; and (c) April 20, 2014 on the completion date (hereinafter “instant contract”); and (d) concluded an agreement with the Defendant on the following terms and conditions.

2. The details of the contracted construction volume shall be constructed with a whole mix up to A = 485m, L=97m, and H=5.0m.

4. The payment of the cost of construction shall be made only when the entire amount of the construction work is completed as agreed upon by the contract and the construction cost shall be paid only when the construction work is completed as agreed upon by “A”.

5.If “B” fails to complete construction without good cause by the due date of completion, this Agreement shall become null and void, and “A” shall not pay the completed construction cost.

10.The ceiling concrete shall be 20cm thick, 1.0cm wide, 97cm in length.

13. Paragraph 2 of the terms and conditions of the contract refers to the settlement of a lower level and extension in line with the on-site conditions, and 0.3 uniting of a stone shall be 0.3 unit.

15. “B” shall not waive the construction for any reason after the conclusion of this Agreement, and if the construction is renounced under the circumstances of “B”, the amount equivalent to 10 per cent of the contract amount shall be paid to “A” at the same time as the waiver thereof.

B. After the conclusion of the instant contract, the Plaintiff paid KRW 13,00,000 as part of the construction price to the Defendant on March 15, 2014; KRW 5,000,000 on April 3, 2014; and KRW 13,000,000 on May 7, 2014; and the Defendant suspended the remainder of the construction work on June 2014 under the condition that only the whole tin was built, among the construction works stipulated in the instant contract.

C. However, an appraiser who appraised the defects in the whole sprinked parts of the construction suspended by the Defendant while executing the construction is urgently constructed from 70∑ to 90∑ in excess of the degree stipulated in the instant contract, and the wheel between tin is small that it does not conform to the standard.

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