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(영문) 대구지방법원 2016.04.21 2015나309962
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 2012, the Plaintiff contracted the Defendant with the construction cost of KRW 60 million for the construction work of the building on the first floor above the Da-si, Young-si.

B. Around December 2012, the Plaintiff concluded a construction contract with the Defendant to the effect that “the construction works of the building on the first and second floor (hereinafter “instant construction works”) shall be changed to the new construction works of the building on the second floor (hereinafter “the instant construction works”), and the total construction cost shall be set at KRW 30 million, and the total construction cost shall be set at KRW 90 million, and the said KRW 30 million shall be paid after completion and the date of completion shall be changed to March 10, 2013” (hereinafter “the instant construction contract”), and paid KRW 60 million to the Defendant as the title of the instant construction work price from October 23, 2012 to January 24, 2013.

C. 1) As the Defendant failed to complete the instant construction by March 10, 2013, and received the Plaintiff’s demand from the Plaintiff, the Defendant: (a) a letter of waiver stating that “I, on May 17, 2013, undergo the construction of the board construction and fence construction and, on May 29, 2013, undergo the construction and, if I do not proceed with the construction, will assume civil and criminal responsibilities and prepare a written waiver of waiver” (Evidence 3; hereinafter “written waiver of the instant case”).

(A) The term “The present E Corporation shall complete the steel frame of the second floor, and complete the installation of the board by May 29, 2013, and complete the interior and electrical construction, the kitchen, the boiler, the boiler, the stove, and the stoves by June 15, 2013 (before the completion inspection)” (Article 8 of the present Agreement; hereinafter referred to as “instant agreement”).

2) The Defendant prepared and entered the Plaintiff’s note: (a) KRW 10,00,00 at par value; (b) May 16, 2013; (c) May 23, 2013; and (d) May 23, 2013; (b) the issuer, the addressee, the Plaintiff; (c) the date of issuance; (d) May 16, 2013; (e) the date of payment; (e) the date of payment; (f) a promissory note with the Plaintiff as the issuer, the issuer, and the payee; (c) a promissory note with the Plaintiff’s face value KRW 10,00,000; (f) the date of issuance; (f) May 16, 2013; and (f) the date of issuance; and (f) each of the promissory notes with the Plaintiff as the issuer, the Defendant, and the Plaintiff, respectively.

on May 2013.

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