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(영문) 부산지방법원 2016.10.27 2015가합6848
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 14,726,592 to the Defendant (Counterclaim Plaintiff) and its related amount from February 7, 2015 to October 27, 2016.

Reasons

1. Basic facts (the principal lawsuit and counterclaim shall be deemed to be filed together);

A. On April 1, 2012, the Plaintiff entered into a contract with the Defendant for the construction of the Plaintiff’s factory located in Dou-ri 813 (hereinafter “instant factory”) (hereinafter “instant construction”) with respect to the construction work for the Plaintiff’s factory located in Dori-ri 813 (hereinafter “instant construction work”), setting the construction cost of KRW 4 billion (including additional tax), July 15, 2015, and KRW 0.1% of the construction cost per day for delay compensation.

B. On August 31, 2012, the Plaintiff concluded a contract with the Defendant to amend the said contract (hereinafter collectively referred to as the “instant contract”) by adding the construction cost of KRW 264 million to KRW 264 million (including additional taxes) and increasing the construction cost of KRW 4.2779 million, up to September 15, 2012; the scheduled date for completion of the instant contract shall be until September 15, 2012; and compensation for delay shall be KRW 5 million per day without delay.

C. The construction cost that the Plaintiff did not pay to the Defendant is KRW 65,000,000 (including surtax) and on the other hand, the compensation for delay that the Defendant shall pay to the Plaintiff as the construction site is KRW 50,000,000.

[Ground for recognition] Unsatisfy

2. Determination on the main claim

A. As a result of the Defendant’s defective construction that caused the principal suit, there were defects in the entries in [Attachment 1] and the factory of this case, which are located after the factory of this case.

In addition, in order to repair each of the defects mentioned above [Attachment 1], the expenses of KRW 60,146,630 are incurred, and the expenses of KRW 154,00,000 are incurred to repair the defect.

Therefore, the Defendant should pay to the Plaintiff the remainder after deducting the construction cost of KRW 15,00,00 (unpaid construction cost of KRW 65,000,000 - liquidated damages of KRW 50,000,000) that the Plaintiff shall pay to the Defendant from the total of KRW 214,146,630 ( KRW 60,146,630,000) as damages in lieu of the above repair of each of the above defects, and delay damages therefrom.

B. 1) Determination 1) The defect of the factory of this case, the repair cost of Gap evidence 6-1 and 2, and the appraisal result of appraiser A on May 13, 2014 (hereinafter referred to as the “assessment result”).

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