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(영문) 청주지방법원 2014.04.10 2012가합5732
손해배상(기)
Text

1. On September 16, 2010, between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), the C Officetel on the ground B of the Chungcheongbuk-gun.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 16, 2010, the Plaintiff entered into a subcontract with the Defendant on September 16, 201, with respect to the construction cost for telecommunications equipment and fire-fighting equipment and fire-fighting equipment and fire-fighting equipment and facilities (hereinafter “instant construction”) among the said new construction works (hereinafter “instant construction”) as the construction cost of KRW 605,00,000 (value 55,000,000 value-added tax amounting to KRW 55,00,000), the construction period from September 15, 2010 to September 30, 201, and the payment date of the construction price of the instant building.

B. While the construction of the instant building was underway, additional construction was required for the approval of the use of the instant building, and the Defendant installed additional electrical equipment and fire-fighting equipment construction.

(hereinafter referred to as “the instant Additional Works”). The instant Additional Works and the Additional Works, in total, shall be referred to as “the instant Construction Works.”

The instant construction was completed around August 201, and the instant building was approved for use on September 2, 201, following the inspection prior to the use of electric installations, the inspection prior to the use of information and communications facilities, and the inspection prior to the completion of fire-fighting systems on August 25, 201.

On the other hand, the Plaintiff paid the Defendant KRW 409,970,000 as construction cost in relation to the main construction work.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 4 through 10, 14, 15, 18, 19, 21, witness E's testimony, and the purport of the whole pleadings

2. Determination as to the Defendant’s claim for construction cost against the Plaintiff (determination as to the ground for counterclaim)

A. According to the above basic facts, the Plaintiff is obligated to pay the Defendant the principal construction cost of KRW 195,030,000 (=605,000,000 - 409,970,000), and delay damages therefrom, unless there are special circumstances.

B. The defendant's assertion 1) The defendant's assertion that the additional construction cost belongs to the parties. The defendant completed the additional construction upon the plaintiff's request, and the additional construction cost = 65,000,000 = The additional construction cost is KRW 40,000.

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