logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2015.01.06 2012가단38413
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is entitled to the defendant (Counterclaim plaintiff) on 78,964.

Reasons

The main lawsuit and counterclaim are also finite.

1. Basic facts

A. On May 15, 2012, the Plaintiff contracted the instant construction work to the Defendants, excluding the frame with respect to the construction of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building

B. During the instant construction project, disputes arose between the Plaintiff and the Defendants regarding the detailed items of the instant construction project. The Defendants suspended the instant construction project on August 4, 2012.

Until that time, the total construction cost paid by the Plaintiff to the Defendants is KRW 135 million.

C. On September 26, 2012, the Plaintiff notified the Defendants that “the Defendant demanded additional construction costs and unilaterally ceased construction works on August 4, 2012. The Plaintiff notified the Defendants that the construction should be completed by August 17, 2012, but the Defendants failed to comply with the instant construction contract.”

Since then, the Plaintiff directly performed the remainder of the instant construction, and the instant commercial building was approved for use on January 16, 2013.

E. A defect occurred in the instant construction project performed by the Defendants, and the construction cost for the repair of the defect is KRW 5,848,910 in total.

F. The construction cost additionally executed by the Defendants is KRW 35,513,093 when based on the draft of the construction contract (Evidence No. 2, No. 1-3, hereinafter “the draft of the instant contract”) presented by the Defendants to the Plaintiff as of May 15, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3, witness C's partial testimony, appraiser D's each appraisal result, the purport of the whole pleadings

2. The parties' assertion

A. On May 15, 2012, Plaintiff 1: (a) concluded a contract with the Defendants for all construction works, other than the aggregate in relation to the construction of the instant commercial building; (b) the construction cost of KRW 250 million; and (c) the construction period from May 16, 2012 to July 15, 2012.

The Defendants were performing construction works for approximately 15th day of a month and June 2012.

arrow