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(영문) 창원지방법원진주지원 2014.06.11 2012가단774
손해배상(기)
Text

1. The Defendant’s KRW 71,026,132 as well as the Plaintiff’s annual rate from December 7, 2012 to June 11, 2014.

Reasons

1. Basic facts

A. On December 29, 2008, the Plaintiff entered into a contract for construction works with C, “The name of construction: New Construction Corporation A: the place of construction: Hadong-gun, Hanam-gun, the cost of construction: 625,900,000 won (including value-added tax) and the scheduled completion date of construction works: April 30, 2009.”

C During the construction of the Plaintiff Company’s building (hereinafter “instant building”) in accordance with the said construction contract, the Plaintiff expressed his/her intent to cancel the said construction contract to C on April 8, 2010.

C The progress of the new construction was 293,420,000 won.

B. On August 20, 2010, the Plaintiff entered into a construction contract with the Defendant, stating that “the construction work cost of KRW 347,270,00,00 for the instant construction work,” and that “from August 20, 2010 to September 30, 2010, the Plaintiff entered into a construction contract with the Defendant for the construction work with the content that “the construction work cost of KRW 35,270,000 for the construction work cost of KRW 355,270,000 for the construction work period and the completion period of the construction period of KRW 35,270,00 for the construction work.”

(hereinafter referred to as the “instant construction contract” in combination with the above two contracts.

On November 29, 2010, the Plaintiff entered into a construction contract with the Defendant to pay an additional tax of KRW 30 million in the construction cost, instead of setting the completion period for the construction of the second floor of the instant building, in addition to the instant construction contract. The Defendant completed the construction work, and the Plaintiff paid KRW 30 million in the construction cost to the Defendant.

The Defendant continued to undertake the construction of the instant building in accordance with the instant construction contract, and obtained approval for use from the Hadong-gun on December 21, 2010.

From August 26, 2010 to April 26, 2011, the Plaintiff paid to the Defendant a total of KRW 325 million (including KRW 15 million paid by the representative director E on April 22, 2012) under the instant construction contract over ten times.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6 through 11, and Eul.

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