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(영문) 서울서부지방법원 2014.11.27 2014가합4033
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 68,800,000 and interest rate of KRW 20% per annum from July 18, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B’s construction contract 1) On November 27, 2012, the Plaintiff is a three-story building on the ground of Defendant B and the Plaintiff’s Seocheon-gu, Seocheon-gu, Seocheon-si (hereinafter “instant building”).

(1) The term “the instant first construction contract” (hereinafter referred to as the “instant first construction contract”) setting the term “construction work cost” as KRW 143,000,000 (including value-added tax) and as of March 30, 2013 on the date of completion.

(2) The Plaintiff concluded a contract. (2) The Plaintiff paid Defendant B the sum of KRW 88,00,000 as the down payment and the intermediate payment, and directly paid the construction cost of KRW 13,89,769 to the construction subcontractor. However, Defendant B failed to complete the instant 1 construction by March 30, 2013, which is the date of the completion of the contract, and the construction cost rate of the instant building up to the time did not reach 30%.

3) On April 2013, the Plaintiff and Defendant B agreed on the instant construction contract. (b) On April 16, 2013, the Plaintiff and Defendant B concluded a construction contract (hereinafter “instant contract for the second construction contract”) with the Defendant Company B, setting the construction cost of the instant building as KRW 10,000,000 (including value-added tax) and the remaining construction cost of the instant building on April 16, 2013, after the termination of the construction contract with the Defendant Company B.

2) Around May 15, 2013, Defendant Newsung Construction completed remodeling Works for the instant building. [Grounds for recognition] Evidence Nos. 1 through 10 (where a serial number exists, each entry and the purport of the entire pleadings, including each serial number)

2. Determination as to the plaintiff's claim against the defendant B

A. The Plaintiff’s summary of the Plaintiff’s assertion was paid KRW 93,89,769 in total to Defendant B in accordance with the instant construction contract, but Defendant B failed to complete the said construction work.

Since then, the plaintiff entered into the second construction contract of this case with Defendant Newsung Comprehensive Construction and the construction cost of KRW 110,000,000, and paid the construction cost.

Therefore, Defendant B is the Plaintiff.

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