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(영문) 춘천지방법원영월지원 2016.04.07 2014가합613
손해배상(기)
Text

1. From January 8, 2015 to April 7, 2016, Defendant Diplomatic Construction Co., Ltd.: KRW 24,296,882 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 5, 2013, the Plaintiff, who received subsidies from Defendant Young-gun, performed construction works to improve the quality of fish plantation B’s fish plantations operated by the Plaintiff. On November 5, 2013, the Defendant Young-gun contracted the construction works to Defendant Young-gun Construction Co., Ltd. (hereinafter “Fewing Construction”) with the following content:

(hereinafter “The instant construction contract”). Contract amount: 117,481,00 won: The construction period of KRW 117,481,00 per month (payment once a month, and within 15 days from the date of receipt of an object): The rate of liquidated damages per day: 0.1% per day on November 12, 2013 to December 26, 2013;

B. On March 5, 2014, the Plaintiff paid the progress payment of KRW 85,230,000 (the Plaintiff’s self-payment of KRW 66,534,000, which was paid by Defendant Young-gun (the Plaintiff’s self-payment of KRW 18,696,00) to Defendant Young-gun Construction.

C. From December 12, 2013 to the same end, Defendant D’s construction discontinued construction on the ground of the weather deterioration, and around March 10, 2014, Defendant C’s submission to the Plaintiff of the waiver of the instant construction contract, on the ground that the Plaintiff’s advance payment, delayed payment and delayed payment of progress payment, and coercion of construction as to the portion not included in the construction contents, etc.

Around July 8, 2014, the Plaintiff notified Defendant Cye Construction that the instant construction contract was terminated as of July 19, 2014, without complying therewith, by demanding the completion of construction works and the settlement of progress payment until July 18, 2014.

[Ground of recognition] Facts without dispute, Gap 2, 9 evidence, 10 evidence 1, Eul 11-1, 2, and 3, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Defendant Cywing Construction: (a) The progress payment that was paid in excess to the Plaintiff was KRW 13,295,00; (b) the amount of damages paid in lieu of the repair of defects incurred in the instant model; and (c) the day following the completion date of the agreement, which was the day following the completion date of the agreement, shall be from December 27, 2013.

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