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(영문) 서울동부지방법원 2017.11.17 2015가합107135
손해배상(건)
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) from September 10, 2015 to November 17, 2017, as well as KRW 119,260,000.

Reasons

1. Basic facts

A. On December 23, 2009, the Plaintiff entered into a design service contract for the construction of the D Training Center in Yangwon-gun, Yangwon-gun and three lots of land outside the Seoul Special Metropolitan City (hereinafter “instant Training Center”) and ancillary civil works.

B. On February 3, 2010, the Plaintiff entered into a contract with Defendant B (i.e., the E Co., Ltd. at the time, and the trade name was changed on April 30, 2013), setting the construction cost of KRW 1.34 billion for the incidental civil works among the instant training institute works (hereinafter “first construction works”), and the construction period from February 5, 2010 to August 3, 2010 (hereinafter “first construction contract”).

The first construction contract was rescinded by Defendant B’s waiver of construction work around June 201.

C. Accordingly, on July 20, 2011, the Plaintiff entered into a contract with Defendant New Zealand Construction (at the time of the change of the trade name on May 9, 201, the Plaintiff entered into a contract for the remaining construction works and additional civil works during the first construction (hereinafter “second construction”) with the construction cost of KRW 975 million, the construction period from July 25, 201 to November 30, 201, and agreed to change the construction cost of KRW 1125 million, the construction period of KRW 15 million, and the construction period of KRW 115 million to December 31, 2011.

(hereinafter collectively referred to as “the second construction contract”). D.

On February 14, 2011, the Plaintiff entered into a contract on the supervision of the first construction project, setting the service payment of KRW 50 million, the supervision period from February 16, 201 to July 31, 201. Upon the cancellation of the first construction contract, the Plaintiff entered into a contract on the supervision of the second construction project by changing the service payment of KRW 66 million and the supervision period from December 31, 201 to December 31, 201.

(hereinafter referred to as “instant supervision agreement” in total). [This case’s supervision agreement] . [Grounds for recognition] without dispute, entry of Gap 1 through 4, 7, 15 through 18 (including provisional number; hereinafter the same shall apply) and the purport of the entire pleadings.

2. Determination as to the claim against the defendant B

A. The plaintiff.

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