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(영문) 광주지방법원 2016.06.08 2014가단514832
손해배상(기)
Text

1. Defendant B’s KRW 58,813,70, and the Plaintiff’s 20% per annum from July 4, 2015 to September 30, 2015.

Reasons

1. Facts of premise;

A. On March 31, 201, the Plaintiff entered into a construction supervision agreement with Defendant C, a certified architect of the E architect office, under which the design of the three-story commercial buildings and the apartment tower building (hereinafter “new building of this case”) was awarded to Defendant C, a construction supervision agreement with the content that the construction supervision of the new building of this case was awarded on May 17, 201, and Defendant D, a certified architect of the E architect office, actually carried out the design and supervision.

B. On June 14, 201, the Plaintiff awarded a contract to Defendant B for the construction of the instant new building at KRW 260,000,000,00 for the construction cost, and as of September 10, 201 on the date of completion of construction on June 10, 2011, and thereafter increased the construction cost at KRW 290,00,000.

C. While Defendant B finished 95% of the total process, there was a dispute with the Plaintiff as to the construction cost, and the construction work was suspended on November 7, 2011.

Around that time, the Defendant paid Defendant B KRW 237,500,000 out of the construction cost.

The Plaintiff completed the remaining construction and applied for approval for use of the new building of this case on May 2015, but the approval for use was made on June 11, 2016.

E. From November 24, 201 to May 23, 2013, rent for which no security deposit is available for the new building of this case is KRW 41,813,700.

[Reasons for Recognition] Uncontentious Facts, Gap 1 through 3, 7, Eul 4, the result of appraisal of rent by appraiser G, the purport of the whole pleadings

2. Claim against the defendant B

A. The Plaintiff’s assertion that Defendant B discontinued the construction work in bad faith in demanding additional construction costs, and did not perform the construction work even though the Plaintiff agreed to complete the construction work on November 7, 201 with the Plaintiff up to November 24, 201.

Around December 5, 2012, Defendant B finally set the remaining construction cost by mutual agreement with the Plaintiff at KRW 39,000,000, and decided to complete the remaining construction work, but did not execute the construction work.

Defendant B’s construction cost of KRW 237,50,000,000 paid by November 201, and the final payment on December 2012.

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