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(영문) 청주지방법원충주지원 2014.06.19 2013가합2177
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

A. A judgment was rendered to the effect that the aforementioned repair cost, the construction cost and the agreed liquidated damages are deducted, and that the remaining 171,566,717 won and the delay damages are liable to be paid.

E. Among the defect repair cost and the non-construction cost recognized in the instant lawsuit, the details of the part asserted by the Plaintiff to be responsible for the Defendant in the instant case are as shown in the following Tables 1 and 2:

[Attachment 1] The amount of defect repair of defective construction works

1. The repairing cost of 4,765,200 under the ground subsidenced by the Industrial Complex;

2. Repair expenses of 10,264,100 under the ground subsidence around Manle;

3. The amount of non-execution of the detailed non-execution of the detailed non-execution of the detailed non-execution of the detailed non-execution of the detailed non-execution of the detailed non-execution of the detailed construction cost, including the sum of 17,530,000 won in

1. Construction expenses of painting on the floor of the factory, which are 68,412,99;

2. Construction costs of concrete unconstruction costs of each factory-dong floor;

3. Construction costs of concrete unconstruction costs of each factory-dong floor;

4. Construction cost of a construction work for which water supply is 32A;

5. New instigates PIT (2000*2000*1800) Unconstruction costs 5,992,948

6. Facts that there is no dispute over the construction works of the Busan-dong Floor PITging Posing 2,985,860 Total sum 100,172,214 [based], entries in Gap's 1 through 3, 7, 8, 11, Eul's 1 through 4, 6, and 7 (if there are virtual numbers, including each number), and the purport of the whole pleadings;

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion was confirmed through appraisal in the instant lawsuit that the defects and unconstruction parts were found to have occurred in the part of the construction or construction to be performed by the Defendant according to the instant subcontract, and thus, the Defendant is obligated to pay the Plaintiff the repair cost of KRW 17,559,300 and the construction cost of the unconstruction portion of KRW 100,172,214.

In addition, as the Defendant did not issue the tax invoice for the instant subcontract, the Plaintiff is not entitled to refund the value-added tax of KRW 47,500,000. Therefore, the Defendant is obliged to pay the Plaintiff the value-added tax of KRW 47,500,000 as damages.

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