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(영문) 대전지방법원천안지원 2017.12.08 2016가합100617
손해배상(기)
Text

1. The Defendant’s KRW 186,882,153 as well as the Plaintiff’s KRW 5% per annum from March 18, 2016 to December 8, 2017, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the manufacturing, processing, wholesale and retail business of plastic products, and the Defendant is a company that runs the construction business, etc.

B. On June 1, 2015, the Plaintiff entered into a contract with the Defendant for the construction of a factory with the following content:

(2) The term “instant construction work” and “the instant construction work contract” (hereinafter referred to as the “instant construction work contract”) - The Plaintiff’s new construction of a factory (the Plaintiff and the Defendant, from among the construction of the first factory and the construction of the instant construction work, divided into the parts regarding the ancillary civil construction work (Evidence 1) and the construction work (Evidence 2) from among the construction of the first factory and the instant construction work, and written a separate contract for the construction work site: The construction site of the Plaintiff: The construction site of the Asia-si and 10 parcel: June 12, 2015: November 30, 2015 (the date of completion under the instant construction contract for the first construction work has been September 15, 2015, but the contract amount shall be extended to November 30, 2015) - The construction work amount shall be 643,500,000 won (including the number of days elapsed from the construction work to the construction work (including the construction work completion rate of KRW 10,3000,0000,000.

C. On September 10, 2015, the Plaintiff entered into an additional construction contract with the Defendant with regard to the construction of water tanks and septic tanks among the construction of the first factory in the instant case as follows:

(2) The term “the instant water tank and septic tank construction” and “the instant water tank and septic tank construction contract” (hereinafter “the instant water tank and septic tank construction contract”) - The name of the construction project: the Plaintiff’s additional construction of the factory (water tank and septic tank): The construction site: The Plaintiff’s additional construction of the factory B and 10 lots: the construction site: (i) the commencement of construction: September 2, 2015: the contract amount on September 30, 2015 - the contract amount: 25.3 million won (including value-added tax).

D. On September 22, 2015, the Plaintiff decided to additionally construct a secondary factory, and entered into an additional contract for construction works with the Defendant on the following terms:

The above construction works are “the construction of the second factory of this case,” and the above construction works.

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