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(영문) 서울중앙지방법원 2017.01.11 2014가합2025
손해배상(기)
Text

1. As to the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) B Co., Ltd., and C Co., Ltd, together, KRW 181,331,792 and this.

Reasons

1. Basic facts

A. 1) On February 25, 2011, the Plaintiff entered into a contract for a construction project with the Defendant Company, the Suwon-gu Suwon-si E Kindergarten located in Suwon-gu, Suwon-si (hereinafter “instant building”).

) New construction works (hereinafter “instant construction works”)

(i) 2,750,000,000 (including value added tax; hereinafter the same shall apply) for the construction cost;

(2) From February 25, 201 to September 30, 2011, the construction period was set at 1/100 per day, 5% per annum, and 1/100 per annum, and 5% per annum. On the same day, Defendant C, the representative director of the Defendant Company, was awarded a contract for the instant construction work with the construction cost of 450,000,000, and the construction period from September 25, 201 to September 30, 201, and did not separately agree on the rate of liquidated damages and the warranty liability rate. (b) A partial change in the construction period was made upon the direction of the Plaintiff, the Plaintiff, Defendant Company, and C (hereinafter “company, etc.”)

(D) Around August 26, 2011, around September 28, 2011, and around three times around October 5, 2011, the term of the instant construction project was extended by October 31, 201 upon consultation on the process of the instant construction project. (c) The Defendant Company, etc. filed an application for approval for use of the instant building with the Suwon City Mayor on December 27, 2011, and obtained approval for use from the Suwon City Mayor on January 6, 2012. The Plaintiff paid the Defendant Company KRW 3,200,000,000, and KRW 2,428,304,546 from the insurance period of the instant construction contract to the expiration date of the instant construction contract, the Defendant Company, etc. entered into a guarantee insurance contract with the Defendant Company, etc. for the period from December 30, 2012 to the expiration date of the instant construction contract to the expiration date of the insurance contract to the KRW 2,428,304,546.

(f) The Plaintiff and the Defendant Company, etc., concluded a settlement and fee agreement 1) settlement of the balance of the construction cost as to the instant construction work at KRW 50,000,000; and

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