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(영문) 부산지방법원동부지원 2019.08.20 2017가단215034
손해배상(기)
Text

1. The Defendant’s KRW 14,012,00 for the Plaintiff and 5% per annum from September 28, 2017 to August 20, 2019.

Reasons

1. Facts of recognition;

A. On August 26, 2015, the Plaintiff was awarded a contract with C Co., Ltd. (hereinafter “C”) for the construction of the “Etel” on the Busan Jung-gu and two lots of land.

B. On December 1, 2015, the Plaintiff subcontracted construction work price of KRW 74,80,000 (including value-added tax) to the Defendant, who is engaged in the construction business, etc. under the trade name “F” (hereinafter referred to as “F”), among the above windows and metal works, for the construction work price of KRW 74,80,000 (including the instant construction work) and the completion date of construction on January 31, 2016

(hereinafter “instant contract”). 6-2 of the instant contract

B. Article 18(1) of the Act provides that “The re-listed of the work executor’s vice versa shall be liable to the work executor.”

C. On January 31, 2016, the Defendant was unable to complete the instant construction on or around February 26, 2016, and was suspended from the said construction on or around February 26, 2016. At the time, the Defendant was installed with a total of 2,631 square meters (=2,038 square meters of Aluminium complex board) and a total of 2,631 square meters of a board [57.6 percent of the instant construction] with the content of installing a board (a total of 2,631 square meters of Aluminium complex board).

Plaintiff

The Defendant, etc. continued the instant construction project on behalf of the Defendant and completed it on April 5, 2016.

Meanwhile, the Defendant’s panel 1,397 square meters used in the instant construction is part of the sales panel 2,561.11 square meters processed by H in accordance with the standard measured by the Defendant’s employees G by providing the Defendant with the Defendant.

The unit price per square meter of the above panel is 23,000 won, and the processing cost per square meter is 7,500 won.

[Ground of recognition] Facts without dispute, Gap 1 through 7, 10, 12 evidence (including the number of branches), witness J's testimony, part of witness K's testimony, purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. On January 31, 2016, the deadline for the completion of the instant construction, the Defendant’s claim for the cost of using difficult-dora was not completed by January 31, 2016, and the Plaintiff was forced to continue construction by leasing difficult-dora from C, and C shall pay to the Plaintiff.

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