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(영문) 수원지방법원안산지원 2016.06.29 2015가단115831
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 169,11,00 and the interest rate of KRW 15% per annum from December 2, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On January 2, 2014, the Defendant awarded a contract for a new construction project (hereinafter “instant construction project”) to the Ststru Construction Co., Ltd. (hereinafter “Pstru Construction”). On January 2, 2014, the Defendant subcontracted the instant construction project to the Plaintiff by setting the construction cost of KRW 677,60,000 during the instant construction project, and the construction period of KRW 677,60,000 during the construction period from January 6, 2014 to May 30, 2014.

B. The Plaintiff completed the family facility construction around March 2014.

However, on April 2014, the Stast Construction discontinued the instant construction, and at the time, the temporary materials and temporary fences were still installed at the construction site of this case.

C. On August 8, 2014, the Defendant promised to enter into an agreement on the termination of construction works in the amount of KRW 913,00,000, as follows:

(hereinafter “instant succession agreement”). The settlement amount of construction cost is calculated as of April 30, 2014 as of April 30, 2014, and the civil engineering works performed under the conditions of construction: The period of lease for the installation of a temporary fence for the cost of dismantling and temporary materials: the period of lease for the installation of a temporary fence for the cost of dismantling and temporary materials is until August 31, 2014; and the terms of acquisition and succession according to the current period of use at the construction site, such as the leased company’s material recovery condition, civil engineering works, other workshops, and temporary fences

D. After January 30, 2015, the Defendant reduced the construction cost to KRW 873,00,000, and again agreed on the termination of the construction work. The instant succession agreement was maintained as it is.

The Defendant promised that “302,132,400 of the unpaid construction price shall be paid in consultation with the Plaintiff on the ground that it is in the rental of a temporary facility.”

(hereinafter “instant payment agreement”). E.

On January 30, 2015, the Plaintiff settled the rent for temporary materials incurred after April 30, 2014, which is the date of agreement on the termination of the instant construction project, by calculating the rent for the temporary materials and the rent for the monthly rent of KRW 14,092,584 (the amount based on the estimate attached to the construction contract at the time of the construction contract as of January 2, 2014) x the number of months in which the date of payment for the decommissioning of the temporary materials falls.

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