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(영문) 대구지방법원 2015.07.15 2014가단124415
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion asserts that the Plaintiff filed a claim against the Defendants for the payment of the unpaid construction cost of KRW 54,635,00 and damages for delay.

1) On September 30, 2013, the Plaintiff entered into a construction contract with the Defendants to conclude a construction contract between the Plaintiff and the Plaintiff for an additional construction project and the interior strawing engineer construction project with the total construction cost of KRW 442 million and the construction period of KRW 20 million from October 2, 2013 to December 20, 2013. (2) During the instant construction project, Defendant C requested the said construction project and the indoor strawing engineer construction project.

Additional construction costs implemented by the Plaintiff are KRW 40,50,000 (Additional Tax Table), and indoor hostings are KRW 7,350,000 (Additional Tax Table).

3) On December 22, 2013, the Plaintiff completed the instant construction project including the foregoing additional construction work, and delivered it to the Defendant. 4) The Defendants paid to the Plaintiff the total amount of KRW 484 million (including additional tax) as the construction cost.

5) Accordingly, the unpaid construction cost of the instant construction project is 54,635,00 won [the total amount of KRW 42,000,000 + KRW 400,000 + KRW 4050,000 + KRW 1.17,550,00 + 1.1]. The Defendants asserted as follows. (1) Defendant C merely entered into the instant construction contract on behalf of Defendant B, and Defendant C did not enter into the construction contract with the Plaintiff or guarantee Defendant B’s obligation for the construction cost.

2) On January 20, 2014, the Defendants asserted that: (a) the Plaintiff issued a defect guarantee for the instant construction project and paid KRW 20 million on the condition that the defect repair work was completed; (b) the Plaintiff renounced the remainder of the construction project on March 12, 2014 without the defect repair work; and (c) on March 2, 2014, the Defendants asserted that the Plaintiff renounced the remainder of the construction project of this case. First of all, whether the Plaintiff renounced the remainder of the construction project of this case

(B) evidence Nos. 1 and 6 (the Plaintiff’s seal impression portion is not disputed, and the entire document is authentic.

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