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(영문) 대전지방법원 2015.07.23 2012가합34973
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company that operates a construction business, and the defendant is a company that operates a painting construction business.

B. The Plaintiff and the Defendant entered into a construction contract between the management body of the A and the Plaintiff) on September 201, 201, the building A, which is the Daejeon Seo-gu B Ground Condominium (hereinafter “instant building”).

(2) On September 28, 2011, the Plaintiff participated in a competitive bid to select a construction business operator to perform the instant building, outer walls, decoration construction, and rooftop signboard construction, which was ordered by the management body (representative C). Accordingly, on September 28, 201, the Plaintiff entered into a construction contract with the management body under which the construction period is from September 28, 201 to November 27, 201, with the agreement between the management body and the Plaintiff on the construction period from September 28, 201 to November 27, 201, under which the construction cost is at KRW 157,300,000, and the construction cost is at KRW 157,30,000.

C. On September 29, 201, the Plaintiff entered into a subcontract between the Plaintiff and the Defendant with the terms that the Defendant agreed between October 7, 2011 and November 15, 201, on the construction period of the instant building outer wall design works (hereinafter “instant construction works”) and that the Defendant would accept the instant subcontract (hereinafter “instant subcontract”) by concluding an agreement between October 7, 201 and November 15, 201 on the construction cost of KRW 74,800,000.

2) The standard form of a contract for private construction works (subcontract No. 3-1) prepared by the Plaintiff and the Defendant in entering into the instant subcontract (the Defendant’s above)

B. (1) At the time of the participation in the competitive tendering procedure described in paragraph (1), specifications and estimates related to external walls and design works submitted to the management body were attached. D. The Defendant completed the instant construction works and the Plaintiff’s payment of the construction cost on November 23, 201, and the Plaintiff’s payment of the construction cost was completed on October 22, 201, and the Plaintiff’s payment of the construction cost was KRW 14,960,00 on October 31, 201, and KRW 36,00 on December 31, 201, KRW 36,000,000 on December 31, 201, and KRW 14,400,000 on August 14, 2012 (total 74.74.

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