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(영문) 창원지방법원 2016.01.20 2013나13188
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be applicable.

Reasons

1. Summary of the parties' assertion

A. Plaintiff 1) The Plaintiff and the Defendant among the new construction works of the C University Student Welfare Center located in Jinju-si, Jinju-si (hereinafter “instant construction works”).

(1) The contract to provide a contract for construction costs of KRW 132,00,000 (hereinafter referred to as the “instant contract”).

(2) During the process of the construction, the Defendant unilaterally discontinued the construction from January 13, 2012 to the construction site, and unilaterally removed the construction at the construction site, and the Defendant’s completion of the construction is assessed as KRW 77,658,00.

3) However, the Plaintiff paid KRW 127,650,00 to the Defendant, and the Plaintiff paid KRW 23,634,00 to the Defendant prior to the discontinuance of construction or during the process of the Plaintiff’s direct performance of the remainder of construction. 4) Accordingly, the Defendant should pay KRW 73,626,00 ( KRW 23,650,000) to the Plaintiff.

B. Defendant 1) The instant construction corporation directly operated by the Plaintiff (hereinafter “Defendant 1”)

(3) The Defendant’s 3, 4, and 5th aggregate construction works subcontracted by the Plaintiff (hereinafter “second aggregate construction works”).

(i)the 3th floor of non-standing stairs and rooftop towers (hereinafter referred to as the “third floor construction”);

(2) The instant contract is made up of 145,200,000 won, including value-added tax, (132,00,000 won x 1.1) since the Defendant’s completion of the second construction work on or around December 24, 2011, the Defendant’s payment of the total construction cost to be paid by the Plaintiff was merely paid KRW 110,00,000 as the construction cost. Since the Defendant received the payment of KRW 110,000 as the construction cost, the Plaintiff shall pay the Defendant the remainder of the construction cost as to the second construction work.

3. In addition, the Defendant entered into a contract with the Plaintiff to accept a subcontract for the third construction cost of KRW 80,000,000. After completing the construction of the first floor of the emergency stairs and the rooftop among the third construction works, the Plaintiff was forced to withdraw from the third construction works.

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