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(영문) 제주지방법원 2017.11.17 2017가단5739
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 18, 2016, the Plaintiff concluded D and D, the main owner of the C Point interior works in Jeju-si, and concluded on October 18, 2016.

B. On November 17, 2016, the Plaintiff entered into a construction contract with the Defendant who conducts a different business with the trade name “E” for the interior works among the interior works, and the labor cost was set at KRW 20,000 per square meter, and the supplementary materials cost was to be paid separately.

C. On November 17, 2016, the Plaintiff deposited KRW 3 million, KRW 2 million on November 23, 2016, and KRW 2 million on November 25, 2016 to the Defendant at the cost of the other day construction.

The Defendant, from November 17, 2016 to November 23, 2016, performed the work on a different day, but failed to perform part of the work.

Accordingly, the plaintiff completed the execution of the other day through another company.

[In the absence of dispute, Gap 1 to 6]

2. The plaintiff's assertion that the defendant demanded the payment of money only and did not complete the execution of the work, and the plaintiff suffered losses from additional expenses by finishing the execution of the work through other companies.

As a result, the Plaintiff incurred damages of KRW 20 million due to delay in the construction period, KRW 9.8 million additionally required, KRW 5 million additionally required, and KRW 5.2 million for employees stationed in Jeju-do. Thus, the Defendant is obligated to pay damages of KRW 35 million and damages for delay to the Plaintiff.

3. The fact that the plaintiff had not completed a part of the execution by the defendant is recognized as having incurred additional costs by finishing the execution of the work through another company.

However, the defendant completed most of the construction works, but failed to perform the construction works on the floor level of about 20 square meters at the site of the construction, which has been a part of the other construction works at the work site.

In addition, it is argued that the building could not be executed because it is a situation in which the body of the people could not construct the floor of the entrance.

However, the evidence submitted by the plaintiff alone is the defendant's responsibility.

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