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(영문) 전주지방법원 2019.01.17 2017가합2181
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 29, 2015, the Plaintiff entered into a contract for construction works with the Defendant for the construction of a glass temperature room and a management Dong (hereinafter “instant construction works”) with respect to five parcels outside the Dara-gun, Jeonnam-do (hereinafter “instant contract”).

A contractor in a contract standard contract: A contractor in a contract for construction project under B (Defendant): The contractor in a contract for delay compensation rate of KRW 1,790,000,000 for the contract amount of KRW 8,694 square meters for construction works in a free temperature room in the name of the project (Plaintiff) and for the management of the project, the scale of the project (two years) shall be the warranty liability period of KRW 53,700,000 for the warranty against defects on July 20, 2015, the scheduled date for commencement of the project on July 20, 2015 (2 years).

B. On May 10, 2016, the Plaintiff drafted a written agreement with the Defendant to compensate the Defendant for the damages incurred due to the instant construction works as follows. A2) On May 11, 2016, the following day, the Plaintiff drafted a written agreement with the Defendant:

A (referring to the Plaintiff) shall have the direct construction of 1,450,000 Won, subcontract 647,000 Won in the construction of a free temperature room at the same place of business, and, under mutual agreement, have the construction of 1,450,000 Won.

(w) Direct construction (civil engineering, building works, total electricity), subcontract (boiler, total amount, and any other) - With respect to any project progress so far, the Corporation shall not be liable for that project and shall complete a short drainage and electrical construction.

b. The drainage and electrical construction among the above agreements has not been completed up to now.

3. The defendant shall clarify the scope of the construction price and, in the event that the plaintiff completes the work in a glass room by June 10, 2016, the plaintiff will receive the loan, and will provide 1,450,000,000 won, excluding the contract deposit, delay compensation, and other expenses.

“The proposal was made, and E is agreed on the construction cost.

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