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(영문) 부산지방법원 2015.10.08 2014가합157
손해배상(기)
Text

1. The plaintiff's primary defendant and the conjunctive defendant are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

Basic Facts

A. On December 12, 2012, the Plaintiff drafted a contract (Evidence No. 1, 201, hereinafter “instant construction contract”) with Defendant B (hereinafter “Defendant B”) as follows with respect to the construction of an urban-type residential housing (hereinafter “instant construction”) on the ground of Busan Jin-gu, Busan (hereinafter “instant building”).

The name of the construction work of the building to be constructed under Article 1 of the contract agreement: The construction work of the construction work of the construction of the new urban residential housing in Busan-gu D: 519.66m2/157m2: the supply price of KRW 570,00,000 (excluding value-added tax) shall commence the construction work in December 2012, complete the construction work by June 30, 2013, and deliver it to the contractor at the same time.

Article 3 The plaintiff shall pay the contract price as follows:

When a contract is concluded: 50,000,000 won KRW 100,000,000 on January 30, 2013; KRW 50,000,000 on February 28, 2013; KRW 100,000 on March 30, 2013; KRW 100,000 on April 30, 2013; KRW 70,000,000 on May 30, 2013;

1. To perform disposal of wastes after the completion of construction work;

2.All seals (electric, water, and other charges);

3. Matters included in the attached special agreement;

B. As to the instant construction project, around December 2012, the Plaintiff drafted a standard contract for private construction works (Evidence A 7; hereinafter “instant contract for the second construction project”) with Defendant C Co., Ltd. (Preliminary Defendant C; hereinafter “Defendant C”).

Standard contract for private construction works

1. Name of the construction: Construction of a Dtel or an urban studio;

2. Construction place: Busan Jin-gu D

3. Date of commencement: December 2012.

4. Date of completion: Amount of contract on June 30, 2013: 670,000,000 won: 11. The rate of liquidated damages: Article 19 of the General Conditions of the Contract for Construction Works (Adjustment of Contract Price due to Modification of Design) (1) When the contents of the design are not inconsistent with the state of the construction site, or are unclear, omitted, or erroneous; or

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