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(영문) 대전지방법원천안지원 2016.09.27 2015가단109801
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 21, 2014, the Defendant entered into a contract for construction works with the Defendant, setting the construction cost of KRW 11,800,000,000 (excluding value-added tax) and the construction period from March 26, 2014 to March 25, 2015, with each of the contracting parties.

B. On October 23, 2014, the Plaintiff entered into a construction contract with the Defendant that the Plaintiff wishes to receive a contract for the construction of wastewater treatment facilities (including value-added tax) among the construction works of the complex C facilities within a fixed period from October 23, 2014 to March 31, 2015 (hereinafter “instant construction contract”), and received KRW 73,000,000 as advance payment.

C. When the instant construction contract is implemented, the Plaintiff may earn profits of KRW 9,706,633.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. In order to implement the instant construction contract, the Plaintiff asserted that: (a) purchased an energy-saving unit from the Dongyang Industries Co., Ltd. in KRW 115,50,00; (b) purchased materials necessary for the treatment facilities of sewage in KRW 17,716,270; and processed them to be suitable for the instant construction work; (c) the Defendant suspended the construction of complex C facilities on the ground that it was cut off, thereby making it impossible to use the energy-saving unit.

Therefore, as damages for nonperformance, the Defendant is obligated to pay KRW 13,216,270, and KRW 9,706,633, which the Plaintiff was able to obtain as a result of the implementation of the instant construction contract, as damages arising from nonperformance, to the Plaintiff, as totaling KRW 142,922,922,90,903 [=13,216,270,000 (i.e., KRW 115,50,716,270)] (i.e., KRW 17,706,63) calculated by deducting KRW 73,00,000 paid as advance payment from KRW 69,922,90,00 and damages for delay.

B. The defendant's assertion (Counterclaim) is the defendant.

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