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(영문) 광주지방법원 2017.09.07 2016가합55518
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 12,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from February 16, 2016 to September 7, 2017.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. (1) On June 10, 2015, the Plaintiff and the Defendant entered into a contract with the Defendant to subcontract the construction period of household facilities (hereinafter “instant subcontract”) between June 10, 2015 and July 15, 2015 (excluding value-added tax) for the construction period of KRW 190,000 (hereinafter “instant subcontract”). The contract amount of household facilities (Evidence 1): 190,000,000 (value-added tax separately): the contract period of KRW 190,000 (value-added tax separately): from June 10, 2015 to July 15, 2015).

1. Agreed quantity and contents: It shall be all of the family facilities works under the design documents;

4. When the defendant did not properly proceed with the above construction, the plaintiff voluntarily proceeded with the construction work, and the defendant will compensate the plaintiff for all civil, criminal or other damages.

Provided, That all the equipment and materials of the defendant shall be expropriated by the plaintiff and used at his/her discretion, and returned after completion of construction, and shall not be moved without the plaintiff's consent.

6. When the Defendant does not make the construction progress, the Defendant may not raise any objection, even if the Plaintiff, while carrying a separate device for the smooth progress of the construction work, even if he/she is performing the construction work.

7. A claim for construction cost shall be filed by adjusting the end of the pertinent month, and the defendant filed a claim against the plaintiff by the third day of the following month, and the approval shall be made 60 days after the approval shall be made within 10 days after the approval is granted to the plaintiff.

(2) The main contents of the instant subcontract are as follows.

B. On August 14, 2015, the Defendant suspended the instant construction in the status of installing a family facility (such as the installation of a tent, H beam beam line, earth board, belt belt, and fish mine, etc.). On November 22, 2015, the Plaintiff performed dismantling works on the structure of removing the said family facility from around November 22, 2015 to January 22, 2016, and performed the instant construction.

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