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(영문) 창원지방법원 2015.09.24 2013가합6179
공사대금
Text

1. The Defendant’s KRW 756,403,00 for the Plaintiff and KRW 10% per annum from May 23, 2013 to September 24, 2015.

Reasons

1. Basic facts

A. The relevant Plaintiff is a company aimed at real estate development business, etc., and the Defendant is a company that aims at real estate rental business, etc.

B. On May 14, 2012, the Plaintiff entered the instant construction contract into a contract with the Defendant for the construction of a building listed in the attached Table 1 (hereinafter “instant building”) on the ground of 1,559m2 (hereinafter “instant real estate”). The main contents are as indicated in the “main contents of the instant construction contract” in the attached Table 2.

C. The progress of the instant construction project 1) The Plaintiff’s discontinuance of the instant construction project from May 15, 2012 pursuant to the instant construction contract, to construct the instant building from around May 15, 2012 (hereinafter “instant construction project”).

Around June 4, 2012, D, who had operated a telecom near the construction site, made a complaint to the Plaintiff on the ground that rupture had occurred to the fence of the apartment apartment building owned by D due to the said construction work, and received a civil petition on or around June 5, 2012, the following day. A supervisor of the said construction work, the architect E, who was the supervisor of the said construction, also received the said civil petition from the rupture Kimhae, in consultation with civil petitioners, regarding the repair and basic construction method of fences, (i) the repair and reconstruction of the fence should be conducted; (ii) the underground file rupture method should be reviewed and constructed by a method that minimizes noise and vibration; and (iii) the underground file rupture method should be reviewed and constructed by a method that minimizes noise and vibration, and submitted a supervisory opinion to the Mayor.

Accordingly, on June 11, 2012, the Kimhae market re-reconstition the damaged fences of neighboring sites after consultation with D, a civil petitioner, like the above supervisor's opinion, and the basic construction works are as D after the public petitioner is selected by the project supervisor and the contractor in consultation with each other.

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