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(영문) 전주지방법원 2018.07.20 2017가단21567
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. Basic facts

A. On April 27, 2015, the Plaintiff and C entered into a design contract with the Defendant, setting the design cost of KRW 54,800,000 (Additional Tax) as the owner of the new construction of the D-based neighborhood living facilities (hereinafter “instant building”); on June 11, 2015, the Plaintiff and C entered into a contract (hereinafter “instant supervision contract”) with the Defendant regarding the supervision of the instant construction project as KRW 30,000,000 (Additional Tax) with regard to the supervision of the instant construction project (hereinafter “instant supervision contract”).

B. On May 22, 2015, the Plaintiff and C concluded a construction contract (hereinafter “instant construction contract”) with the drawings designed by the Defendant as the construction drawings, setting the construction cost of the non-party corporation, Han Young General Construction Co., Ltd. (hereinafter “ Han Young General Construction”), the construction cost of the new construction of the instant building as KRW 3.2 billion (Additional Tax), and the construction period as “from June 10 to March 27, 2016,” and thereafter, the construction cost was changed to KRW 2.7 billion (Additional Tax).

C. From July 9, 2015 to August 2, 2016, the Plaintiff paid the construction cost of KRW 2,208,454,00 to Han Young-gu General Construction. The approval for use of the instant building was completed on June 22, 2016.

Han Young-gu General Construction filed a lawsuit against the Plaintiff and C for the claim for construction cost as the Jeonju District Court 2016Gahap4005, and the Plaintiff and C also filed a counterclaim against the Han Young-gu General Construction (hereinafter “related case”), and on June 28, 2017, the Plaintiff agreed to pay KRW 445,000,000 to Han Young-gu General Construction (hereinafter “instant agreement”), and the Han Young-gu General Construction withdrawn the said lawsuit.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Gap 7 evidence, Eul 1-2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion 1) The balance of construction work that the plaintiff has to pay to Han Young General Construction Co., Ltd. (2,970,000,000 won - 2,208,454.

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