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(영문) 창원지방법원 2020.01.09 2018나4806
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 30,000,000, and also the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff and the Defendant’s contract relationship concluded a construction contract with the Defendant on October 23, 2017 (hereinafter “instant construction contract”) in order to construct a building on the land owned by the Plaintiff (hereinafter “instant building”) on the land at the time of the Plaintiff’s possession, and the main contents are as follows.

(s) The money clause shall be omitted); 1. The name of the Corporation: the root and the single house;

3. Date of commencement: Date scheduled for completion on October 24, 2017: 180,000,000 won (including value-added tax) on February 24, 2018;

7. 1) End payment: 50,000,000 won (2) : 50,000 won (3) at the time of the commencement of interior works: 50,000 won (4) at the time of the completion of interior works: 30,000 won (30,000 won); and

1. The construction work shall be executed within the limit of 180 million won;

2. No additional amount shall be paid.

5. The outer walls, excluding the back walls, shall be built of a stone in front and side sides; and

(F) The rear wall shall be constructed on the owner of the building.)

6. All products shall be constructed on a medium-class basis.

(Provided, That the contractor and the owner shall discuss the articles to be used)

7. After completion, the owner of the building can broom only move into the building and move into the building.

B. The Plaintiff’s payment of the construction cost and the Defendant’s failure to complete construction work paid KRW 181,00,000,000 in total to the person designated by the Defendant or the Defendant on 17 occasions from October 13, 2017 to March 7, 2018. However, the Defendant suspended construction without completion of interior works. On March 26, 2018, the Defendant sent a content-certified mail to the Plaintiff on 170,00,000 won, and notified the Plaintiff on 26, 2018, that “the additional construction cost incurred by additional construction work on the outer wall stone, 3 multi-story, each window, rooftop machine, etc. at the Plaintiff’s request, including KRW 39,80,00,00,000, including additional construction cost, shall be paid immediately.”

C. On March 27, 2018 and April 2, 2018, the Plaintiff’s notification through the content-certified mail is all the construction cost under the instant construction contract.

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