logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2016.08.23 2015가단10279
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 26, 2014, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant with respect to the construction of a new building on the ground of North-gu C (hereinafter “instant construction”) at the port-si (hereinafter “instant construction contract”) with the construction cost of KRW 50,000,000 and the construction period from December 29, 2014 to February 28, 2015.

B. The Defendant received KRW 5,00,000,00 as the construction price on December 26, 2014, and KRW 10,000 on December 29, 2015, and KRW 5,000,000 on January 8, 2015, and KRW 25,00,000 on January 19, 2015, respectively.

C. The Defendant suspended the instant construction work from March 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the construction of the instant case was performed by the Defendant at a rate of 50%, but the Defendant paid KRW 45,00,000 equivalent to 90 per cent of the fixed rate of construction work to the Defendant. On March 2015, the Defendant discontinued the instant construction work on or around the part of the instant construction work, and completed the instant construction work by directly executing shower construction works, roof repair works, ceiling maintenance works, electricity repair works, electricity repair works, toilets, toilets repair works, front finishing works, and road repair works.

Therefore, the Defendant’s unjust enrichment amounting to KRW 20,00,000 for the construction cost paid to the Plaintiff in excess of the initial height and KRW 18,661,90 for the remainder of the construction cost executed by the Plaintiff after the Defendant discontinued the instant construction work [= KRW 800,00 for the construction cost of KRW 1,633,50 for outside windows and roof repair in the ceiling of KRW 9,700 for the construction cost of KRW 1,63,500 for the total cost of KRW 2,271,00 for the toilet repair cost of KRW 2,271,00 for the total fee of KRW 1,631,00 for the construction cost of KRW 292,40 for the sewerage repair cost of KRW 292,400 for the construction cost of KRW 400,00 for the garbage treatment cost of KRW 650,00 for the landscape gardening construction cost of KRW 650,00 for the bottom of KRW 560.

arrow