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(영문) 광주고등법원 2019.10.18 2017나192
손해배상(기)
Text

1. Of the part concerning the counterclaim of the judgment of the court of first instance, the following portion constitutes an additional payment order.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a company that operates tourist hotel business, accommodation business, etc., and the defendant is a company that is engaged in remodeling and design business, and the above contractor is the company.

B. On April 19, 2012, the Defendant entered into a contract between the Plaintiff and the Plaintiff on April 19, 2012, under which the Defendant entered into a contract with the Plaintiff on the condition that the interior works of the D Hotel building (hereinafter “instant hotel”) that was newly constructed on the land of the Plaintiff in Sejong-si (hereinafter “instant hotel”) will be contracted as follows:

(hereinafter “instant contract for the First Construction Project,” and the construction work following it is called “instant First Construction Project,” and the construction work price is referred to as “the instant price for the First Construction Project.” The main contents of the instant contract for the First Construction Project are as follows.

The construction period for interior works (No. 2-1): The amount of contract for D hotel interior works from the date of commencement: The amount of contract for six months from the date of commencement: The amount of KRW 2,100,000 (2,100,000): The rate of liquidated damages for delay in the daily amount of KRW 2.5/100,000: the additional special agreement shall be applied preferentially.

Special Agreement (Evidence A No. 2-2)

1. Use of environment-friendly materials (Omission);

2. Design modifications, including new works, coffees, and coffees (40 square) expansion works;

3. Each of the restaurants with the first floor, second floor singing rooms, and toilets with each of them shall include the construction of one interior book;

4.This Agreement shall be executed with the priority of drawings.

5. Where construction is conducted differently from the drawing, removal shall be for reconstruction.

If a construction work is required differently from the drawings, it shall be obtain prior approval from the owner in writing.

6. The floor of the non-public part of the street shall be constructed in its original purpose;

7. Contractors shall be built as sample materials designed by O.

8. Omission.

9. The omitted electrical construction, fire-fighting works, sanitary appliances installation works, mobile furniture works, tentains and lighting works shall be excluded.

C. The Defendant entered into an additional interior construction contract on June 7, 2013.

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