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(영문) 수원지방법원 2015.07.16 2014가단528276
손해배상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 2012, the Plaintiff

4. The Defendants and the Plaintiff entered into a remodeling project agreement with the Defendants regarding housing owned by the Plaintiff on the ground (hereinafter “instant construction contract”) with the period from June 4, 2012 to July 7, 2012 (hereinafter “instant construction contract”).

B. Since then, the Defendants submitted to the Plaintiff a written estimate on June 12, 2012 regarding additional construction cost of KRW 14,30,000,000,000 for the removal work, natural construction cost of walls, additional construction cost of KRW 8,70,000,000 for the dwelling room, inner room, additional construction cost of KRW 1,200,000 for the household room on July 23, 2012, KRW 41.55,00,000 for the cost of purchase on August 16, 2012, KRW 5,40,000 for the purchase cost of the bedroom, and KRW 6,90,00,00 for the additional construction cost of October 28, 2012.

C. On August 22, 2012, the Defendants submitted a written estimate to the Plaintiff that the construction cost of the non-execution part of the instant construction work would be KRW 53.8 million, and around that time, Defendant C would waive the construction work if the Plaintiff could not perform the construction work on the date of presentation without making a decision up to 9/26 regarding the instant construction work, provided, however, that the remainder of the non-construction cost of KRW 53,800,000, excluding the labor cost of KRW 53,800,000, shall be paid to the owner of the construction work.

On September 19, 2012, the Defendant prepared a letter to the Plaintiff stating that “the household appliances shall be operated normally with respect to the damaged items due to the delay of construction, and all clothes and furnitures shall be compensated with the same goods. Of KRW 53 million, the amount excluding the unpaid wages and the accounts payable for the materials shall be deposited into the account book for settlement of the owner (all materials and personnel expenses shall be paid on the day from the passbook and all rights to them shall belong to the owner).” On October 13, 2012, the Defendant would have ordered the Plaintiff to terminate the construction work on July 7, 200, but did not complete the construction work within the contract period, but failed to waive the construction work even if the construction was extended several times thereafter.

Reasons for delay of construction: Part of the construction cost is useful, estimate and estimate.

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