(영문) 수원지방법원 2017.01.17 2015가단132863

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(영문) 수원지방법원 2017.01.17 2015가단132863

손해배상(건)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 31,639,892 to the Plaintiff (Counterclaim Defendant) and its related amount from September 22, 2015 to January 17, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 5, 2014, the Plaintiff agreed with the Defendant on December 15, 2014, the date of commencement of the new house construction project (hereinafter “instant house construction project”) on the land outside Suwon-gu, Suwon-gu, Suwon-gu, and concluded a contract agreement (hereinafter “instant contract”) with the Defendant on December 15, 2014 as follows, on the date of commencement of the new house construction project at KRW 550,00,000,000.

The plaintiff who ordered the work shall be referred to as "A" and the contractor shall be referred to as "B".

1. Replacement of a contract bond of KRW 5,000,000 as a contract bond;

2. Advance: 80,000 won; and

3. A completed amount: At least once a month.

4. Two years after the completion of construction of warranty period (in the case of a complex type of work, classified by type of work) and construction of warranty period of 50,000,000 (3) for each type of work, and two years after the completion of construction of warranty period of 50,000 won for each type of work;

5. Rate of penalty for delay: Documents to be attached 1/1000.

1. Terms and conditions of a contract for private construction works;

2. One copy of the special conditions of the construction contract;

3. Documents attached to the main horse supervision list;

1. When a civil petition is filed, the contractor shall settle the civil petition due to the construction work (noise, dust, vibration, etc.) and the civil petition arising from the authorization and permission shall be resolved by the contractor Gap;

2. The closing level shall be determined by drawing standards, the modifications shall be recognized only when A approves it, and the increase or decrease in the construction amount shall not be recognized;

Provided, That in the case of external stone works, partial changes shall be recognized, but the changed approach shall be approved in advance by A.

3. Main materials shall be constructed in a studio list attached to a contract and shall be approved as A after submitting a sample pool before construction;

4. The cost of removal shall be included in the terms of the contract and shall be responsible for the report of destruction or loss of the building after removal.

5. The advance payment of KRW 80,000,000 shall be paid within 15 days after the report on the destruction of a building, and approximately 1 through 1.55 billion of the remainder of the construction expenses shall be settled as rental deposits after completion; and

6.The establishment of furnitures and furnitures shall be:

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