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(영문) 광주지방법원순천지원 2013.08.13 2012가합1574
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 317,893,677 to the Plaintiff (Counterclaim Defendant) and its related amount from April 28, 2012 to August 13, 2013.

Reasons

The principal lawsuit and counterclaim shall be deemed to be a same.

1. Basic facts

A. On October 31, 201, the Plaintiff: (a) was a corporation for the construction, installation, maintenance, and repair, etc. of industrial facilities of petroleum and regularly meritorious places; and (b) was awarded a contract for construction of “the second SETM LINE pipeline theory” in the construction of an expansion complex in the national industrial complex in the small and medium river complex in the small and medium coastal industry complex, the construction cost of which is KRW 2.87 billion from December 1, 201 to February 10, 201; and (c) the Defendant was a corporation for reinforced concrete construction, soil construction, etc., the purpose of which is to construct reinforced concrete construction, etc.

B. On November 201, the Plaintiff entered into the instant construction contract with the Defendant for the installation of structures, etc. to prevent the collapse, such as the removal of the roads, asphalts, fences, etc., the removal of the ground-breaking and collapse, the excavation of the road, the packing and the construction of the road, the construction of the road, the construction of the road, the excavation of the road, the top-down and the construction of the road, the construction of the road, and the construction of the road, the installation of the construction of the construction of the 1.8km among the underground facilities (hereinafter “instant construction”), the construction of the 1.3 billion construction cost (including value-added tax), the construction period of the 1.66 billion won (including 1.496 billion won), the construction period from December 1, 2011 to February 10, 2012; and the construction content of the construction (hereinafter “the instant construction work”).

C. On December 13, 2011, the Plaintiff prepared a written contract on the instant construction project with the Defendant. The agreement on compensation for delay (the amount calculated by multiplying the contract amount by 1.5/1000 for delay per day) and the obligation to submit an advance payment guarantee and performance guarantee policy to the Defendant was added to the construction cost and construction period stipulated in the previous oral agreement. The main content is as shown in the attached sheet.

The plaintiff from December 22, 2011.

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