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(영문) 인천지방법원 2018.11.15 2018나56261
손해배상(건)
Text

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. The plaintiff initially claimed KRW 4,047,00 for delay compensation, ② 5,50,000 for unjust enrichment, ③ damages equivalent to the construction cost incurred by the plaintiff due to the failure to execute construction works and the repair of defects, ④ KRW 15,353,390 for additional construction cost to be paid by the plaintiff due to the failure to perform construction works, demolition, and restoration to its original state. The judgment of the first instance court accepted only the above claims, and the above claims ② to be dismissed.

In this regard, the plaintiff filed an appeal, and reduced the purport of the claim by withdrawing the above claim in the trial court. Thus, the plaintiff is subject to a trial only 2, 3, the claims are subject to a trial.

2. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company engaged in remodeling business, etc., and Defendant B is an inside-house director of Defendant C from December 13, 2013 to December.

B. On May 9, 2015, the Plaintiff entered into a construction contract with Defendant B for the repair work (hereinafter “instant construction work”) on the ground of the Michuhol-gu Incheon Housing site (hereinafter “instant housing”) (hereinafter “instant construction work”) with Defendant B, as set out in the following construction contract (Evidence A No. 1-1).

Construction Contract

1. The name of the contractor: D-Housing repair works;

2. The construction site: D.

3. Period for construction: 57,00,000 won for the total contract amount on July 9, 2015, when the scheduled completion date of works on May 9, 2015 commences.

6. Contract deposit: 25,000,000 won.

7. Part payments: 25,000,000 won;

8. Balance: 7,000,000 won.

9. The period of warranty against defects: Two years for warranty against defects;

10. The rate of penalty for delay shall be 1/10,000 won for construction expenses;

The parties shall conclude this construction contract under the general conditions of the construction contract according to the above contents and the additional construction contract, prepare two copies of the contract, specifications and drawings, and keep them in duplicate, respectively.

Article 2 (Contractors)

1. Defendant B shall execute the construction in accordance with the terms of this contract and the design drawings.

Article 4 (Scope of Corporation) Defendant B shall perform the work.

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