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(영문) 인천지방법원부천지원 2015.05.01 2014가합7147
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Around June 2012, the Plaintiff entered into a construction contract with the Plaintiff and the South Sea Construction Corporation for the construction of the new apartment (hereinafter “instant construction”) with respect to the construction works of the South Sea General Construction Co., Ltd. (hereinafter “Nam Sea Construction”).

B. On June 9, 2012, the Plaintiff entered into a contract on the instant construction project between the Plaintiff and the Defendant with respect to the instant construction project, under which the Defendant supplied all human resources and materials and performed construction works, and the Plaintiff entered into the so-called “wages formation contract” (hereinafter referred to as the “instant contract”) that pays the price to the Defendant. The details are as follows.

Major construction information.

4. Construction period: The contract amount on June 9, 2012 from the date of commencement, January 31, 2014 on the date of completion of construction: 978,650,000 won for the wages for the construction works - the payment of tea-Article 3

1. If the Defendant passed an inspection of the completed portion of the construction project or an inspection of the completion thereof, the Plaintiff shall pay the only wage to the completed portion in cash on the 22th of the following month.

Article 6. Sheet payments, etc.

1. The defendant shall keep or use the payment materials, tools, etc. paid by the plaintiff as a good manager if any, and shall be liable for the defendant if there is any intention or loss, or damage caused intentionally or by negligence, and shall be deducted from the wage.

2. The remainder of the payment or the payment that became unusable due to a change in the details of the construction works shall be promptly returned to the Plaintiff;

Article 15 (Special Contract Provisions) In addition to the above General Contract Provisions, the plaintiff and the defendant shall determine the following matters as the special contract provisions, and in case of conflict with the main sentence, the special contract provisions shall prevail:

1. All personnel expenses incurred at the site shall be liable to the defendant.

3. Only types of work for which the quality of all on-site works is responsible and the inspection of construction in South Sea has been completed.

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