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Reasons
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(영문) 인천지방법원 부천지원 2018.08.22 2015가단112230
손해배상(기)
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1. The Plaintiff (Counterclaim Defendant) Company B is 43,245,922 won, and the Defendant C is 23,960,580 won.

Reasons

1. Facts of recognition;

A. The Plaintiff was awarded a contract for the construction of outdoor swimming pool D in Ansan-si, Ansan-si.

B. On April 23, 2014, the Plaintiff entered into a modified contract with the Lessee to extend the construction period to August 29, 2014 between the Lessee and the Lessee by setting the construction period of KRW 445,00,000 for construction cost (including value-added tax) and the period from April 23, 2014 to June 30, 2014. The Plaintiff completed the instant construction project on September 22, 2014.

C. On July 15, 2014, the Plaintiff entered into a contract with the Defendant to change the construction period into KRW 221,10,000, and the construction period to October 29, 2014, with the Defendant as KRW 170,50,000 (including value-added tax) and the period from July 15, 2014 to August 29, 2014; however, on October 29, 2014, the Plaintiff entered into a contract with the Defendant to change the construction period to KRW 221,10,000, with the Defendant respectively, and settled the construction period to KRW 178,300,000 with the Defendant around November 5, 2014.

[Reasons for Recognition: Facts without dispute; evidence A1-2, A2, 16, 18; evidence B-7-1; the purpose of the whole pleadings]

2. Summary of the parties' arguments;

A. The summary of the Plaintiff’s assertion is as follows: (a) with respect to the Lessee, the Plaintiff paid 10,680,000 won for the delay of 24 days (i.e., KRW 445,00,000 X 1/100 X 24 days) and the construction cost was settled to KRW 467,117,244; (b) due to unjust enrichment return for 7,744,116 won that was paid in excess of 474,861,360 and the error in construction of the Lessee; (c) with respect to 125,668,680 won (including expenses incurred in water supply and drainage of water), the Plaintiff’s defect was repaired by 65,686,80 won based on the ratio of liability of the Lessee; (d) with respect to the defect repair cost, the total of KRW 25,80,00 for the defect repair cost, 200,500 won for the defect repair cost.

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