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(영문) 대전지방법원 2014.02.13 2013가합5682
손해배상(기)
Text

1. The Defendant’s KRW 36,677,524 as well as 5% per annum from June 18, 2013 to February 13, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On August 2010, the Korea Land and Housing Corporation entered into a construction agreement with the C Industry Co., Ltd. (hereinafter “C”) and the D national rental apartment landscaping (including planting and facility installation works; hereinafter “instant construction”) with the Hong-gun Hong-gun, Hongsung-gun, with the cost of construction KRW 1,450,896,00.

(hereinafter “instant contract”). (b)

The Defendant, as a whole creditor of C’s director and C’s director and the Korea Land and Housing Corporation, was ordered to complete the instant subcontract, was responsible for, and managed the overall construction of the instant project. Around December 2010, the Plaintiff agreed to enter into an installment contract with the Plaintiff at an amount of 10% increased by the construction cost. As to the instant project, the Plaintiff agreed to enter into an oral subcontract with the Plaintiff at KRW 813,248,889 (the cost of the instant subcontract shall be KRW 465,242,629, and the facility construction shall be KRW 348,06,260).

(hereinafter referred to as the “instant subcontract agreement”) C.

The Plaintiff invested construction cost of KRW 165,00,000 in total by April 16, 201, and carried out the instant construction project. However, as the Defendant did not increase the agreed construction cost, the Plaintiff demanded the increase of the construction cost and the payment of the construction cost, and suspended the instant construction project, and C expressed its intent to cancel the instant subcontract on April 19, 201.

On June 14, 2011, the Plaintiff and C agreed to settle the construction cost to pay KRW 103,072,490 to the Plaintiff as the settlement price for the portion executed by C until April 16, 2011.

(e) According to the annual operating profit rate analyzed by the Korea Construction Association in relation to construction works, the operating profit rate in 2011 is 4.1%;

[Ground of recognition] Facts without dispute, Gap evidence 2 (including paper numbers), Eul evidence 1 to 3, and fact-finding with respect to this court's construction association

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