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(영문) 울산지방법원 2017.04.12 2016가단15234
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 25,043,223 and the interest rate of KRW 15% per annum from January 11, 2017 to the date of complete payment.

Reasons

1. 0 The plaintiff shall operate a steel wholesaler with the trade name "C" in the name of the wife B.

0 The Plaintiff ordered total amount of KRW 120,000,000 to KRW 120,000,000 for aggregate steel framed construction, article air framed construction, driving rooms steel framed construction, and screen steel framed construction (hereinafter collectively referred to as the “instant construction construction,” including all of the hereinafter referred to as “the instant construction”). On March 2, 2016, around March 2, 2016, the Plaintiff subcontracted the instant construction with the Defendant and the instant construction cost of KRW 80,000.

0 Of the instant construction works, the manufacturing cost of the “scrow steel frame construction” was set at KRW 17,696,077.

0. However, the Defendant did not perform at all the part of the instant construction, and the Plaintiff inevitably left D with the “scke-in steel manufacturing.”

As a result, additional funds of 4,2740,000 won were required.

0 The damages suffered by the Plaintiff due to the Defendant’s nonperformance of the subcontract are KRW 25,043,923 (= KRW 4,2740,000 - KRW 17,696,07).

2. Grounds for recognition: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. Partial dismissal: On March 22, 2016, the Plaintiff appears to be the day following the date on which the Plaintiff prepared a contract with a plastic plant ( March 21, 2016).

Although the Plaintiff claimed for the payment of damages for delay from the date of filing the lawsuit, there is no material that the Plaintiff claimed the Defendant for the payment of damages prior to the filing of the lawsuit. Thus, only the Defendant can claim damages for delay from the day after the duplicate of the

(See Article 387(2) of the Civil Act). The Plaintiff’s claim on this part shall not be accepted.

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