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(영문) 광주지방법원 2016.11.03 2013가합10514
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 27, 2011, the Plaintiff entered into a contract and a construction supervision contract. (1) On September 27, 201, the Plaintiff (hereinafter “Defendant Dok Construction”).

2) As between the Corporation and the Corporation, the Corporation (hereinafter referred to as the “instant Corporation”) shall construct an agricultural product processing plant in Pyeongtaek-gun C.

As to the contract amount, the contract amount was KRW 810,00,000 (excluding value-added tax), the construction period from October 1, 201 to December 31, 201, and the interest rate for delay was 0.01%, and each contract was concluded (hereinafter “instant contract”).

2) In concluding the instant contract, the Plaintiff and the Defendant Seh Construction stated the cost calculation statement, compiled statement by type of work, and the unit price of each type of work, and all of which consist of KRW 820,240,878 (value-added tax separate) as part of the instant contract document (hereinafter “instant specifications”).

3) On October 5, 201, the Plaintiff entered into a construction supervision agreement with Defendant B, who operates D architect office, on the instant construction project (hereinafter “instant supervision agreement”).

(B) B. The completion of the instant construction and the payment of the Plaintiff’s construction cost) Defendant Sejong Construction, upon performing the instant construction in accordance with the instant contract, newly constructed a 2,18.22 square meters of a single-story of the 1-dong general steel structure structure, building a single-story of the 2, 118.22 square meters, and a 2-dong general steel structure assembly type panel and a 26 square meters of a single-story of the 2-dong general steel structure (hereinafter “instant building”) on January 17, 2013, applied for approval for use on January 25, 2013, and obtained approval for use on January 25, 2013.

2. On April 17, 2013, the Plaintiff confirmed that the Plaintiff is obligated to pay KRW 15,954,000,000, excluding KRW 715,000,000, which is paid by the Bank, to Defendant Cown Construction in addition to the unpaid construction cost of KRW 835,00,000.

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