(영문) 부산지방법원 2019.10.10 2018나4724 | 리걸엔진

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(영문) 부산지방법원 2019.10.10 2018나4724

손해배상

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On July 15, 2015, the Plaintiff subcontracted the instant construction work (hereinafter “instant construction work”) to Defendant B Co., Ltd. (hereinafter “Defendant B”), the joint representative of which is Defendant C, for the construction of nearby D-gun, Busan (hereinafter “instant building”) as follows:

3. Period of construction: From July 15, 2015 to December 31, 2015;

4. Construction amount: 38,500,000 won (in n.e. g. 35,000,000) per three million won (in n.e. n. g. 35,000,000) per three thousand won (in n.e. n. 35,500,000).

5. Method of payment of construction expenses ① Payment of down payment of KRW 3,00,000 after the submission of a performance guarantee certificate. ② Payment of 20% after the completion of the construction of the entrance. ③ Construction of 15% after the completion of the sanitation and water supply pipes.

7. Period for warranty against defects: Two years from the date of completion.

9. The terms and conditions of a construction contract (8) The purification tank shall carry out the OUT construction work;

B. After completing the instant construction work, Defendant B filed a lawsuit against the Plaintiff for the payment of the construction cost on September 9, 2016, and the Plaintiff filed a lawsuit against the said Defendant as a counterclaim against the claim for damages relating to the instant construction work.

[Supplementary District Court 2016Kadan5145 (Mains) and 2017Kadan16262 (Counterclaim)]

On June 22, 2017, with respect to the foregoing case, the Plaintiff and the Defendant agreed on June 22, 2017, that “the Plaintiff shall withdraw the counterclaim, pay the construction cost of KRW 15 million to the Defendant B, and Defendant B shall be paid the remainder of the construction cost, and shall waive the remainder of the construction cost, and shall withdraw the case filed by the Plaintiff with the captain-gun and the Ministry of Land, Infrastructure and Transport, etc., the Plaintiff shall submit a letter of performance of the defect, i.e., repair, and if not repair, the Plaintiff shall repair and claim against the Defendant B.” The Defendant C’s above.

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