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(영문) 수원지방법원안양지원 2016.09.22 2016가단105877
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On March 22, 2012, the Defendant contracted the following with the Plaintiff:

Total contractm: Total contract price within 2,363 meters: USD125 (cost for materials, expenses, personnel expenses, and general management expenses (USD5): 75 million won: The exchange rate that is paid on the 10th of the following month after the completion of construction performance: The first USD =1,100 won, and the second construction commencement period before the commencement of construction: April 15, 2012: The due date of completion of construction: the first and second-lane on April 15, 2013 (from July 15, 2012 to October 15, 2012): The Defendant paid the Plaintiff the construction period of construction first and second-lane 1: the construction period of construction from April 15, 2012 to 15: the first-stage construction period of construction from April 15, 2012 to 2015 to 15:15m25m2, 2015 to 15m25m2, 2015m15.

The plaintiff 152m as the primary construction work and 319m as the secondary construction work.

[Ground of recognition] No. 1 (including a provisional number) and the Plaintiff’s assertion of the purport of the entire pleadings by the first Corporation had been suspended frequently due to a conflict of opinion between the Defendant’s C and the Defendant D, and estimated 152m out of 1,050m of the first construction work. The second Corporation unilaterally terminated a geological survey in a different way while the Defendant unilaterally terminated the construction work, and attempted only 319m out of 1,313m of the second construction work.

The defendant suffered damages equivalent to 81,113,985 won in amount of contract personnel expenses and general management expenses equivalent to 898m of contract work among the primary works, and damages equivalent to 50% of contract personnel expenses and general management expenses equivalent to 94m of contract work among the secondary works. 4,892,667 won in total, and 126,06,651 won in total.

The defendant is liable to pay the above damages and damages for delay to the plaintiff.

Judgment

The evidence Nos. 1 through 11 (including the serial number) alone is due to the Plaintiff’s reason that the construction was frequently interrupted due to the Defendant’s conflict of opinion between the Defendant’s C and the Defendant’s D, and the Plaintiff’s reason for the delay of only 319 meters from the second construction was the Defendant’s unilaterally terminated the construction.

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