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(영문) 서울중앙지방법원 2016.08.26 2014가단137610
손해배상(기)
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 6,758,830 as well as 5% per annum from November 8, 2014 to August 26, 2016.

Reasons

1. Basic facts

A. On June 28, 2013, the Plaintiff contracted the construction of a new house for electric power resource (hereinafter “instant construction”) to Defendant B, Gyeonggi-gu, Gyeonggi-do. The main content of the contract is as follows.

- A period of construction: From July 1, 2013 to the same period of construction

(h) 9.30 and 3 months from the date of completion - the contract amount: 120,000 won (except costs for gas, electricity, and water supply) - Safety management: the contractor shall take appropriate measures to prevent industrial accidents, such as the installation of safety facilities and the subscription to insurance.

Liability for an industrial accident occurred at a construction site shall be borne by the contractor.

- Performance delay: When the contractor fails to complete the construction within the construction period, the contractor shall compensate the contractor for an amount calculated by multiplying the contract amount by the rate of one thousands per the delayed days by 1/1,000 for the delayed days.

- The civil engineering, landscaping, gate, and fence construction of special terms and conditions, excluding construction works, shall consult with the owner of the building, for the construction of Changho LG products at Sharih, for the installation of an underground warehouse (consulting with the owner of the building) in the original ridge board, for the installation of a multi-purpose room outside the main ridge board of the GG river board, and for the installation of a

Boiler shall be installed in line with the capacity of the oil boiler for the combined use of wood.

B. Defendant B commenced the instant construction on July 1, 2013 and obtained approval for use on December 17, 2013.

C. The Plaintiff paid KRW 110 million out of the construction price of this case to Defendant B. D.

On the other hand, on September 10, 2013, Defendant C prepared to the Plaintiff a statement of performance that “The Plaintiff shall be responsible for all accidents involving construction cost relating to the instant construction project.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 7, and 10, the purport of the whole pleadings

2. Defendant B’s summary of the Plaintiff’s assertion shall pay the Plaintiff KRW 28,271,410 in total with the following money, and Defendant C shall be jointly and severally liable for the Defendant B’s obligation.

Defendant B shall pay 9,360,000 won for liquidated damages.

(b) the defendant.

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