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(영문) 의정부지방법원고양지원 2019.01.25 2017가합71997
손해배상(기)
Text

1. As to Defendant B’s KRW 106,569,334 and its KRW 81,769,334 among the Plaintiff, Defendant B shall be KRW 24,80,000 from May 5, 2017.

Reasons

1. Basic facts

A. (1) On March 30, 2015, the Plaintiff, who operates the fixed landing point, concluded a contract for construction works (hereinafter referred to as “the first construction contract”) with Defendant B and Gyeonggi-gun G Living Facilities (45 square meters) located in the Seoul Special Metropolitan City, with respect to new construction works, the contract amount of which is KRW 193,20,000, and the construction period from April 5, 2015 to July 30, 2015; and the warranty period from January 1, 2016 to December 31, 2018 (hereinafter referred to as “the first construction contract”).

(A) The Plaintiff and Defendant B agreed on May 10, 2015 that “The construction area of the first construction contract shall be 45 square meters and 10 square meters as at the time of the first construction contract, as the land processing room and main room are narrow,” and that “the construction amount of 10 square meters added shall be 50,000,000 won.”

(A) No. 3. (3) Defendant B newly built the Han-dong Building (Hdong, Haak-dong, Haak-si, cafeteria, and toilet). Defendant B had used the Hadong on December 7, 2015 with respect to Hdong.

(A) On January 9, 2016, Defendant B drafted a letter stating that “unconstruction parts and repairs shall be completed within January 2016,” to the Plaintiff.

(A) Evidence No. 7

B. (1) On September 11, 2016, the Plaintiff concluded a second construction contract with Defendant D on the respective repair works of Hdong, Idong, Gyeonggi-gun J, and K ground buildings (e.g., soup fire fighting), the contract amount of KRW 126,00,000 for the construction period, and the contract period of KRW 126,00,00 for the construction period from September 19, 2016 to December 18, 2016 (hereinafter referred to as “second construction contract”), Defendant E, and F jointly and severally guaranteed Defendant D’s obligations under the second construction contract (hereinafter referred to as “second construction contract”).

(A) Evidence 8-4, Evidence 10 through 13, evidence 14-1, evidence 14-1, evidence 34-2). (2) Defendant D used the first additional construction around October 2016, and the second additional construction around November 2016, and the Plaintiff used the Defendant F, a child of Defendant D, for the construction cost of KRW 63,00,000 on September 30, 2016; and the Plaintiff’s construction cost of KRW 10,00,000 on November 15, 2016; and KRW 15,000,000 on November 28, 2016.

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