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(영문) 부산지방법원동부지원 2020.10.28 2019가단3754
손해배상(기)
Text

1. The Defendant’s KRW 8,018,300 as well as 5% per annum from May 28, 2019 to October 28, 2020, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On May 30, 2018, the Defendant received a contract from the Plaintiff for the instant construction work at KRW 17 million, setting the price for the construction work of the Plaintiff’s interior Corporation in Busan-gu CHousing D (hereinafter “instant First Corporation”).

The Plaintiff paid the Defendant totaling KRW 17 million from May 31, 2018 to June 25, 2018 as the construction cost of the instant case.

B. On June 12, 2018, the Defendant received a contract from the Plaintiff for the instant secondary construction work with the Plaintiff at KRW 11 million for the construction cost.

The Plaintiff paid the Defendant totaling KRW 11 million from June 12, 2018 to July 10, 2018 as the construction price of the instant case.

C. On June 23, 2018, the Defendant: (a) received a contract from the Plaintiff for the instant 39 million won for the construction cost of the instant 3 construction work from the Nam-gu G Housing 1st, 2nd, H, and I (hereinafter “instant 3 construction work”).

The Plaintiff paid a total of KRW 24 million to the Defendant from June 23, 2018 to July 19, 2018 as the contract price for the instant case.

However, the Defendant unilaterally suspended the execution of each of the instant construction works and left the construction site on July 2018 when only partial interior works and removal works have been completed.

Accordingly, the Plaintiff spent KRW 8,018,300 in total from August 2, 2018 to September 2018, in order to complete the construction work of the portion not executed by the Defendant among the instant construction works, including the hot water pipeline construction cost, the unclaimed construction cost, the daily construction cost, the electrical construction cost, and the windows construction cost, etc.

[Ground of recognition] The descriptions and images of Gap evidence Nos. 1 through 12 (including each number), the witness J's testimony, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff spent KRW 8,018,30 in total due to the discontinuance of the Defendant’s construction works from August 2018 to September 2018, 2018, including the water pipe construction cost, the unclaimed construction cost, other day construction cost, electrical construction cost, and windows construction cost. The Plaintiff is the Defendant’s unilateral construction work.

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