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(영문) 대전지방법원 2016.02.16 2014가단1901
손해배상(기)
Text

1. The Defendant’s KRW 28,432,710 as well as 5% per annum from June 19, 2015 to February 16, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. 1) On June 2010, B, a party, who cultivates the Ulsantoma in the Namyang-gun A, was designated as the subject of the “C Project (hereinafter the “instant Project”) with the total project cost of KRW 1190,000,000 (the subsidy of KRW 952,000,000,000) (the subsidy of KRW 238,000,000,000), and the instant project was designated as the subject of the “C Project” (the instant project’s subsidy of KRW 952,00,000,000). The instant project was the subject of the B’s “Sultoman” (hereinafter the “Nul”).

2) The heating and cooling system facilities (hereinafter referred to as “instant facilities”)

2) On June 25, 2010, the Republic of Korea National Rural Community Corporation entered into a collective consignment contract for the implementation of the instant project with its head office.

3) On September 11, 2012, the Plaintiff is the Korea Rural Community Corporation established under the Korea Rural Community Corporation’s Seoul Local Headquarters (hereinafter “Korea Rural Community Corporation”).

3) From the perspective of the construction of the instant facilities (hereinafter “instant construction”).

(2) The Plaintiff was awarded a contract with the Korea Rural Community Corporation on September 19, 2012 (hereinafter “instant subcontract”). As a result of the introduction of B on September 19, 2012, the Plaintiff was awarded a contract with the Defendant and the Plaintiff for the entire construction of the instant construction period from September 19, 2012 to November 30, 2012 (hereinafter “instant subcontract”).

(4) After entering into the instant subcontract, the Plaintiff entered into a contract with the Korea Rural Community Corporation on September 25, 2012, providing that the contract amount of KRW 86,698,710 (the contract amount was changed to KRW 929,731,00 on November 29, 2012) with respect to the instant construction work with the Korea Rural Community Corporation (the contract amount was changed to KRW 929,731,00 on November 29, 2012) and the construction period from September 27, 2012 to December 10, 2012.

B. Around December 10, 2012, the Defendant completed the instant construction work. (2) On January 2013, the Defendant settled the subcontract price of the Plaintiff and the instant subcontract price at KRW 815,286,719, and claimed KRW 177,587,519, which was not paid to the Plaintiff up to the time.

The plaintiff paid all the above amount payable to the defendant.

C. The construction of this case is defective.

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