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Reasons
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(영문) 부산지방법원 2015.07.02 2013가합48145
손해배상(기)
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1. The Defendant’s KRW 53,454,96 as well as the Plaintiff’s annual rate from October 24, 2013 to July 2, 2015.

Reasons

1. Basic facts

A. The plaintiff is the director of Suwon-gu C Hospital located in Busan, and the defendant is a corporation engaged in construction business, etc.

B. On November 13, 2012, the Plaintiff entered into a contract for construction works (hereinafter “instant contract”) with the Defendant on the said C Hospital Extension Corporation (hereinafter “instant construction works”).

Construction Contract Form

1. Construction name: D Corporation;

2. Place of construction: Suwon-gu Busan Metropolitan City E, F, and G.

3. Period of construction: Value-added tax of 830,000,000 won, for the supply price of 913,000,000 won: November 13, 2012, and completed February 28, 2013: 83,00,000 won.

5. (Omission)

6. The timing and method of payment of completed portion: 10% of the down payment, 20% of the 30% of the 20% of the 30% of the 30% of the 30% of the construction completion after the 10% of the 30% of the 30% of the 30% of the 30% of the 30% of the 30% of the construction completion after the completion of the construction

7. Warranty period: One year after completion inspection.

8. Rate of warranty bond: 3% of the contract amount;

9. Rate of penalty for delay: 0.01 of the contract amount;

C. Meanwhile, with respect to the instant construction, the Plaintiff and the Defendant agreed to enter into a side agreement of KRW 120,000,000 (excluding value-added tax) for the instant construction (hereinafter “instant side agreement”) and to pay the construction cost in accordance with the instant side agreement and issue a tax invoice. Instead, the Plaintiff and the Defendant agreed to return the remaining money after deducting the amount of money paid in excess of the amount paid in comparison with the instant contract from the amount received under the instant side agreement (the amount of a side agreement included in value-added tax) to the Defendant’s actual receipt of the instant contract.

The Defendant completed the instant construction work on July 24, 2013 and obtained approval for use.

[Based on recognition] Gap evidence 1 to 3, and

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