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(영문) 수원지방법원안산지원 2014.09.04 2013가합20813
손해배상(기)
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 41,604,912 and as a result, from May 15, 2012 to September 4, 2014.

Reasons

1. Basic facts

A. Defendants B and C are the children of Defendant A.

From October 1, 2008, the Plaintiff, a construction business entity, jointly operated the restaurant in the name of “F” in Incheon Jung-gu D and E, and concluded the following contract (hereinafter referred to as “instant contract”) with the Plaintiff, on April 6, 2012, on the ground that the said restaurant building (hereinafter referred to as “instant building”) would be remodeled into a youth hostel.

C. A contractor (hereinafter referred to as "A") and a beneficiary (hereinafter referred to as "B") shall respectively have two copies of this Agreement, signed and sealed respectively, in order to verify the establishment of the contract for construction works and to clarify their responsibilities.

Article 1 (Purpose of Contract) A shall place an order for the following construction works (hereinafter referred to as "this construction works") for B in accordance with the terms and conditions of this Agreement for B and receive the payment for completion and delivery from B:

The name of a construction project: The contract price for remodeling project for the youth hostel from April 6, 2012 to May 26, 2012 (50 days): the supply price of KRW 522,00,000, value-added tax of KRW 52,200,000, total of KRW 574,200,000 - The payment method for the down payment of KRW 30,000 when the contract is concluded - the intermediate payment of KRW 20 million after the completion of removal work - the intermediate payment of KRW 30,000: the first 30% (156,60,000), the second 30% (156,60,000), the second 3rd 25% (130,50,000 won) and the remainder of KRW 50,500 after the completion of the construction work (29,500,000).

1. Symnasiums and symnasiums shall be subject to separate attachment data;

Article 2 (Design Documents and Specifications)

1. A design plan or specifications attached (hereinafter collectively referred to as “design Documents”) shall constitute part of this Agreement and sub-contractor B shall perform the construction work in accordance therewith.

2. As to the matters not indicated in the design documents or the question of the design documents, Eul shall immediately be notified to and subject to the decision.

Article 7 (Construction Machinery and Equipment for Construction Works)

1. Construction materials (including equipment to be attached to the object of the construction work) supplied by B, unless otherwise specified in the design documents;

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