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(영문) 전주지방법원 2013.11.15 2012가단7405
손해배상 등
Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 16,04,00 to the Plaintiff (Counterclaim Defendant) and its related amount from April 27, 2013 to November 201, 2013.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On November 7, 2008, the Plaintiff entered into a contract with the Defendant on the terms that the construction cost was KRW 200 million for the construction work, and the construction period was March 5, 2009 for the Defendant, setting the rate of penalty for delay at KRW 0.1% per day.

(hereinafter referred to as "the contract of this case". (b)

The defendant commenced the construction of this case on November 7, 2008 and completed the completion inspection on April 21, 2009.

C. The Plaintiff paid KRW 163,857,593 to the Defendant as the instant construction cost.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, Eul's evidence 4 (including virtual number), the purport of whole pleadings

2. According to the above facts finding as to the defendant's counterclaim, the plaintiff is obligated to pay to the defendant the balance of the construction price of this case 36,142,407 won (=200 million won - 163,857,593 won) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 31, 2012 to the date of full payment, which is the day following the delivery of the duplicate of the counterclaim of this case.

3. Judgment on the plaintiff's main claim

A. The Plaintiff’s assertion is to seek against the Defendant the sum of KRW 79,04,00,000, and damages for delay.

① During the instant construction work, the Defendant did not perform the parts of the facility connecting 15 meters (15 meters), the elevator construction for the transportation of materials, the elevator safety inspection for the transportation of materials, and the elevator repair construction for the transportation of materials (i.e., cost of KRW 49,624,00 (= KRW 19,789,00 in the connection construction cost of KRW 19,789,00 in the cost of elevator repair for the transportation of materials) (ii) the repair cost of KRW 21,835,00 in the cost of elevator safety inspection for the transportation of materials and the repair work cost of KRW 21,835,00 in the part executed by the Defendant (iii) the repair cost of the parts executed by the Defendant was completed on April 21, 2009, which was delayed on March 5, 2009, which was delayed on April 21, 2009.

B. (1) Determinations as to the portion of the non-execution.

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