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(영문) 청주지방법원 2019.07.26 2017가합1117
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) and the Defendant C jointly share KRW 72,331,258 on the Plaintiff (Counterclaim Defendant) and related thereto.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff is the owner and the contractor of the building in the first class neighborhood living facilities (hereinafter “instant building”) on the ground of the area of 136 square meters (136 square meters (hereinafter “instant land”) located in Cheongju-si, Jeonju-si (hereinafter “instant land”).

Defendant B is a contractor of the instant building as a building contractor, and Defendant C is a building designer and a supervisor.

B. A contract relationship between the Plaintiff and the Defendants (1) around July 2008, the Plaintiff entered into a design and supervision contract for the construction of the instant building with Defendant C, and the Defendant C entered into a design plan for the instant building pursuant to the said contract. The Plaintiff submitted the said design map and received a building permit for the instant building from the head of the Gun on August 19, 2008. Article 1 (Right and Duty) of the Construction Contract Agreement “B (Defendant B)” shall be supplied with Article 2 (Contract Name) of “A (Plaintiff)” and “A” shall pay the construction contract price to “B” for the result. Article 3 (Construction Period) of the Construction Work at the New D Construction Site of the Petition Group of Article 2 (Name of Contract) shall be as follows. The date of commencement of construction work shall be August 26, 2008: the date of completion of construction work: Article 4 (Amount of Construction Work) of the Building Project on December 15, 2008 (Amount of Deposit).

3. The payment for completion shall be made by paying the balance of 30 days prior to the arrival of 30 days from the date of completion at the design office and the payment shall be made after three months from the date of completion.

Article 8 (Extension of Due Date and Compensation for Delay) If “B” fails to complete the construction work within the term of this Agreement, it shall compensate for any delayed compensation equivalent to one thousandth of the contract amount per day.

The delayed compensation shall be deducted in preference to the construction cost or other deposits payable to “B”.

Article 9 (Completion of Works)

2. “B” shall report completion on behalf of “A” when the work is completed.

2. The Plaintiff’s construction cost on August 26, 2008 between Defendant B and the instant building.

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