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(영문) 대구지방법원 2019.10.31 2019가합894
청구이의
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 April 11, 2013, the Plaintiff entered into a construction contract with the Defendant and the Seongbuk-gun Co., Ltd. with respect to the new construction of electric power resource C (hereinafter referred to as the “instant building,” and the said construction works as “instant construction works”) with the contractor up to July 15, 2013, with the contractor up to the construction cost of KRW 120 million, construction period of KRW 120 million, and construction period of the said construction works.

Since then, the construction cost of this case has been increased to KRW 150 million (excluding value-added tax), and the construction period has been finally changed to August 31, 2013.

B. From April 12, 2013 to July 31, 2013, the Plaintiff received payment from the Defendant for the total amount of KRW 115.6 million (i.e., construction cost KRW 112 million) (i., KRW 3.6 million).

C. However, on October 28, 2013, the Defendant filed a lawsuit against the Plaintiff seeking compensation for damages ( Daegu District Court 2013Gahap10158, hereinafter “subject case”) by asserting that the Defendant had caused damages by suspending the said construction without any intention or ability to complete the construction work, and by deceiving the Defendant without being able to complete the construction work and having received KRW 115.6 million of the construction cost of this case, and by continuing only 25% of the total progress rate.

On May 8, 2015, the above court rendered a judgment on May 8, 2015, stating that “The Plaintiff shall pay the Defendant the construction cost of KRW 4,1250,000 (250,000,000,000 x 25%, and additional tax thereon) equivalent to KRW 15,00,000 (250,000,0000 x 25%) paid by the Defendant, and that “The Plaintiff shall pay 1,560,000 - 4,1250,000)” (hereinafter “the subject judgment”).

The above judgment became final and conclusive on May 27, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 3, 6, 9, Eul evidence 1 (including branch numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion is on March 2013, 201, before the Defendant filed the subject case.

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