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(영문) 대전지방법원 2016.04.14 2014가합1526
손해배상 등
Text

1. The Defendant’s KRW 901,358,561 as well as the following day from March 25, 2014 to April 14, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On September 28, 2012, the Plaintiff awarded a contract with the Defendant to construct a new building C (hereinafter “instant construction”) for the construction cost of KRW 1,375,00,000 (hereinafter “instant contract”). The Intervenor joining the Defendant is a supervisor of the instant construction project.

B. At the time of the instant contract, the Plaintiff and the Defendant set the date of commencement as of October 2, 2012 and the date of completion of the instant contract as of January 15, 2013, respectively, and extended the date of completion of the instant contract to March 18, 2013 as the Defendant failed to complete the construction, and the date of completion of the instant contract was extended to April 30, 2013, and again re-scheduled the date of completion of the instant contract to September 30, 2013.

C. Meanwhile, disputes have occurred between the Plaintiff and the Defendant regarding the defect repair of the instant construction works, the subcontracting of the creative construction works, etc., and currently, the instant construction works were suspended.

The Plaintiff expressed his/her intent to rescind the instant contract by the delivery of the instant complaint to the Defendant, and the instant warden reached the Defendant on March 24, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 5 through 13, Eul evidence Nos. 1 through 4, Eul evidence Nos. 6 (including additional number), the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion: (a) "the defendant paid the plaintiff the progress payment of the construction of this case to the plaintiff amounting to KRW 908,875,00; (b) the construction payment of KRW 1,059,595,770 (i.e., KRW 932,50,500 paid to the defendant (i.e., KRW 127,720,770 paid to the subcontractor to the defendant); (c) the difference amounting to KRW 150,720,770; and (b) the additional construction cost of the construction of this case agreed to be borne by the defendant to be borne by the defendant (i.e., KRW 118,70,00, KRW 101,200; KRW 96,86,005, KRW 905, KRW 1205, KRW 205, KRW 3000; and (iii) the construction of this case was not completed until now.

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