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(영문) 부산지방법원 2012.10.24 2011가합23302
손해배상(기) 등
Text

1. The Defendant’s KRW 88,00,000 for the Plaintiff and 6% per annum from November 10, 201 to October 24, 2012 for the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in Gap evidence Nos. 1 and 3 (including, if any, the number is included; hereinafter the same shall apply) and in witness A’s testimony (except for the non-trusted part).

The plaintiff is a company that operates heating and cooling machine wholesale and retail business, machinery and equipment construction business, etc., and the defendant is a company that operates air-conditioning and service business.

B. Around August 2009, the Defendant entered into a subcontract with the Plaintiff, and entered into a subcontract with air conditioners and air conditioners (hereinafter “instant construction”) among air conditioners and air conditioners and air conditioners at the construction site of the construction site of the Busan High-dong Madern Madern Madern Maddong, Busan, which was en bloc contracted by the Plaintiff from Hyundai Industrial Development (hereinafter “Modern Industrial Development”). On November 30, 2009, the Defendant entered into a contract to repair and maintain the said construction (hereinafter “instant subcontract”). The contract amount of KRW 2,846,280,800 (including value-added tax), the delivery period from August 30, 2009 to October 10, 2011, and the warranty period of defect warranty was two years after the completion of trial operation.

C. The Defendant’s additional construction work, while carrying out the instant construction work in accordance with the instant subcontract, was an additional construction work upon the Plaintiff’s request following a change in the design for modern industrial development. The price for the additional construction work is KRW 25,532,91 (including value-added tax).

On the other hand, the discontinuance, etc. of the instant construction was suspended from August 16, 201 while the Defendant continued the construction from around August 16, 201, and until that time, the construction price that the Plaintiff paid to the Defendant is KRW 2,654,110,850. 2) The Plaintiff, on August 18, 2011, did not include the number of construction workers as of August 16, 201 without prior consultation, and the Plaintiff explicitly expressed its intent to waive the construction without paying the additional construction cost.

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