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1. Preliminary Defendant’s KRW 10,952,00 and its amount shall be 5% per annum from September 26, 2013 to February 17, 2016 to the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the statements set forth in Gap evidence 1 to 8 (including paper numbers; hereinafter the same shall apply), witness D's testimony, fact-finding, reply results and the whole purport of the arguments against the chief of the power of this court.
On May 2013, the Plaintiff concluded a construction contract with the Defendant Company with the following terms:
- The construction contract - The construction project is undertaken to enter into a contract with the plaintiff (the plaintiff) and the defendant (the defendant) as a private school construction project (hereinafter referred to as the “instant construction project”) and to perform its contractual obligations in good faith.
[Name] The location of E (hereinafter “instant bridge”) installation: 17,00,000 construction cost (including additional dues) 15,000,000 won in the fixed-line construction cost (including additional dues) and 15,000,000 won in the remainder of May 31, 2013; - Other matters from May 30, 2013 to August 10, 2013, the construction cost shall be paid in part at the time of commencement - the construction implementation method shall correspond to the design document.
(A) Project owner: The defendant company, the representative of the defendant
B. On May 31, 2013, the Plaintiff paid KRW 15,000,000 to the Defendant Company as “the price for the instant construction materials and the down payment for the construction work,” and received a receipt (Evidence A 4) in the name of the said Defendant.
C. The Plaintiff failed to obtain approval for the use of the instant bridge.
2. Summary of the parties' arguments
A. The main point of the Plaintiff’s claim is that the Defendant or the Defendant Company received a contract from the Plaintiff to perform the instant construction work, but there was a defect in the said bridge, and thus, the Defendant or the Defendant Company is liable to compensate the Plaintiff for such defect.
In other words, 30,952,00 won in total and 10,952,00 won in expenses incurred in repairing defects, which are active damages in lieu of defect repair, and 20,952,000 won in compensation for mental suffering suffered by the plaintiff due to the defect of the construction of this case.
On the other hand, the Plaintiff.