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(영문) 수원지방법원 2014.12.30 2010가합19603
손해배상(기)등
Text

1. The Plaintiff:

A. As to the Defendant Ho Chang Construction Co., Ltd., the total amount of KRW 186,56,902 and KRW 131,753,702.

Reasons

1. Basic facts

A. On December 9, 2009, the Plaintiff, as a contractor, concluded a construction contract (hereinafter “instant construction contract”) with Defendant 10-4 block Co., Ltd. (hereinafter “Defendant 1”). As to the construction work of the building on the 2nd underground and the 7nd floor above the ground in Osan-si B District (hereinafter “instant building”) (hereinafter “instant construction work”), the Plaintiff entered into a construction contract with each of the construction contracts (hereinafter “instant construction contract”) on the basis of the construction cost of the 3,938,000,000 construction cost (including value-added tax) and the construction period from December 15, 2009 to October 31, 2010.

On December 30, 2009, Defendant Dou Construction entered into a construction contract with the Ministry of Construction and Transportation (hereinafter “the Ministry of Construction and Utilization”) for the construction of the instant construction project to subcontract the construction cost of KRW 1,430,00,00 during the instant construction project, and the said construction was re-subcontracted to several constructors.

On the other hand, Defendant Seojin Construction Co., Ltd. (hereinafter “Defendant Seojin Construction”) jointly and severally guaranteed the responsibility to perform the construction works against the Plaintiff of the Defendant Hojin Construction Co., Ltd., the contractor of the instant construction contract, and the Plaintiff initially filed the instant lawsuit with Cdo co-defendant. However, the Plaintiff and C paid KRW 140,000 to the Plaintiff on May 1, 2013, which is the content of C’s payment of KRW 140,000,000, became final and conclusive.

On December 23, 2009, the Plaintiff delegated the construction design and supervision of the instant construction work.

B. The instant land in the process of the construction is back from the front side to the left side, and in particular, the front side is 1.63m high above the front side, and the first floor of the instant building is located on the right side from the front side to the right side, and 101 to 110m is located on the left side.

C is designed initially by C.

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