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(영문) 대전지방법원 2016.02.03 2014가합103668
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) rendered this judgment from April 17, 2015 with respect to KRW 5,692,500 to the Plaintiff (Counterclaim Defendant) and its related thereto.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be found either in dispute between the parties or in full view of the respective descriptions of Gap evidence of Nos. 1 to 6, 8, 9, Eul evidence of No. 2, 4 to 9, 15, and 20 (including the numbers of each branch; hereinafter the same shall apply) and the whole purport of the pleadings:

The Plaintiff was awarded a contract with the Defendant for each of the instant construction works on the land outside A, B, and C, and on February 3, 2014, the contract amount of KRW 126,50,000 (including value-added tax) for the said construction works during the construction period, from February 3, 2014 to March 5, 2014, and from March 3, 2014, the contract amount of KRW 37,950,000 for the delayed payment rate of KRW 63,250,00 on the date of the contract, and the intermediate payment of KRW 63,250,00 for the said construction work is completed within 10 days after completion of the contract, and each of the instant contracts was concluded with the Defendant within 14 days after completion of the construction period.

(2) The Plaintiff paid KRW 37,950,00,000 to the Defendant respectively, and KRW 53,250,000 among the intermediate payment of KRW 63,250,00 on February 27, 2014.

B. On February 6, 2014, the Defendant commenced the said construction work by re-subcontracting the said construction work among the said civil construction work subcontracted by the Plaintiff to the subsidiary C&C Co., Ltd., but, on February 14, 2014, there was an annual cancer at the construction site at the above construction site, and suspended the said construction from around February 20, 2014.

C. On September 2014, the Plaintiff completed the remainder after the instant construction was interrupted.

2. As to the plaintiff's main claim

A. The main point of the Plaintiff’s assertion is that the Defendant voluntarily ceased construction and fails to complete the construction work within the contract period, and the Plaintiff, upon delivery of the written complaint of this case, cancelled the contract of this case on the ground of the Defendant’s default.

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