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Reasons
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(영문) 대전지방법원천안지원 2016.08.12 2015가합100054
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 12, 2012, the Defendant stated the construction cost of KRW 630 million in the warden at KRW 630 million with respect to the new construction of each building listed in the separate sheet between the Plaintiff and the Plaintiff on May 12, 2012, but the said amount is deemed to be a clerical error in the amount of KRW 630 million;

The construction period was 150 days from the commencement date of the construction contract, and thereafter, a contract for additional construction cost of KRW 14 million was entered into by design change, expansion of buildings, etc. (hereinafter referred to as “instant construction contract”). The construction period completed construction on November 9, 2012 and delivered each of the above buildings to the Plaintiff.

(hereinafter referred to as “instant building”) one freezing warehouse among each building listed in the attached list. B.

On December 2012, the Plaintiff paid KRW 5.1 million out of the total construction cost of KRW 74,132 million to the Defendant (i.e., KRW 630,000,000,000,000 for additional construction cost of KRW 7.3220,000). On January 18, 2013, with respect to the remaining construction cost of KRW 23,1320,00,000,000,000,000 to the Defendant on the last day of each month from January 30, 2013, the Plaintiff prepared a notarial deed that the notary public paid KRW 23,132,00 as to the remainder of each month from January 30, 2013 to the last day of each month (Provided, That the full repayment is made by October 31, 2013), and that interest shall be paid on the last day of each month as 2% of each month.

C. After preparing the above notarial deed, the Plaintiff: (a) KRW 10 million to the Defendant on February 8, 2013; and (b) the same year.

3. 11.8 million won, and the same year.

4. 12.8 million won, and the same year.

6.6.20 million won, and the same year;

8.5.1 million won, and the same year;

9.3.1 million won, and the same year;

9. 30.10 million won, 17.17.17.1 of the same year, and 50 million won on March 15, 2014, respectively, were paid as construction price. D.

The Defendant established freezing in accordance with the instant construction contract (hereinafter “instant freezing”).

【Non-contentious facts, including Gap evidence Nos. 1, 2, and 3, and Eul evidence Nos. 1, 2, and 3, below.

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