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(영문) 인천지방법원 2015.12.24 2015가단52236
손해배상 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in the evidence Nos. 1 and 2.

The plaintiff is a company that aims at the timber manufacturing business, etc., and the defendant is a company that aims at the power manufacturing business.

B. A construction contract between the Plaintiff and the Defendant 1) On July 10, 2013, the Plaintiff was a factory located in the Seo-gu, Seo-gu, Incheon and two parcels of land (hereinafter “instant factory”).

) Electric and Telecommunications Corporation (hereinafter “instant Corporation”) among new construction works

(2) Around December 13, 2013, the Plaintiff awarded a contract for construction cost of KRW 137,500,000 (including value-added tax) to the Defendant, and the Defendant completed the said construction work on or before December 13, 2013. (2) On January 8, 2014, the Plaintiff issued an additional contract for construction cost of KRW 20,00,000 (excluding value-added tax) to the Defendant for electric power plant installation works, drying lines construction, and fire-fighting installation works (hereinafter referred to as “instant additional construction works”) to the Defendant, and the Defendant completed the additional construction work on or before January 2014.

C. The Plaintiff and the Defendant paid KRW 27,50,000 as the construction price on August 9, 2013; KRW 27,50,000,000 around October 14, 2013; KRW 30,000,000 around November 22, 2013; KRW 20,000,000 around December 12, 2013; and KRW 30,000,00,000 around January 29, 2014; and KRW 135,00,000,000 as the construction price to the Defendant; and KRW 22,50,000,000 as the construction price that the Plaintiff did not pay to the Defendant; and KRW 27,500,000,000 by filing a lawsuit with the appellate court; and KRW 30,000,000 from the final judgment on July 15, 2015; and

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion asserts as follows as the ground for the claim of this case.

① When the Defendant did not complete the construction work, it can be left without permission, and the Plaintiff’s fire and electrical construction.

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