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(영문) 제주지방법원 2015.04.30 2014가합37
손해배상(기)
Text

1. The Defendant’s KRW 465,302,705 as well as the Plaintiff’s annual rate of KRW 5% from April 10, 2015 to April 30, 2015.

Reasons

1. Basic facts

A. On December 3, 2011, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant running the business in the name of “C,” under which the Defendant would supply and install the air conditioners 457, 66, 3 1.1 billion won for the air conditioners, 1.1 billion won for the air conditioners, 457, 66, 3 5, and 1.1 billion won for the air conditioners (hereinafter “the instant construction”).

B. From March 2012, the Defendant commenced the instant construction work in accordance with the instant contract. As the design of the said D Hospital was modified, the Defendant increased the number of water supply and installation, such as electric exchangeers, to supply and install the said D Hospital.

C. The Defendant demanded the Plaintiff to modify the instant contract with the purport of increasing the price of KRW 1.32 billion on the ground of an increase in installation costs, such as a heat exchanger added to a design modification. However, the Plaintiff rejected the Plaintiff’s request on the ground that the heat exchanger established by the Defendant was not a product E (hereinafter “E”) under the instant contract.

On December 21, 2012, the Defendant, on February 16, 2011, drafted a statement of agreement on the waiver of construction (hereinafter “instant renunciation of abandonment”) stating that “F” established by the Defendant on February 16, 2011 (hereinafter “F”) has many problems in carrying out the instant construction, and waiver and settlement shall be made later,” and the Plaintiff’s president G signed on the said waiver.

E. Meanwhile, at the time when the Defendant ceased the instant construction in accordance with the letter of waiver of the instant case, D Hospital was installed with spiral duct and spact duct with 83 electric exchange units of H Co., Ltd. (hereinafter “H”) and ancillary facilities, and other constructors completed the installation of the remaining air-conditioning and mutual-aid devices as they are, as they are, the facilities related to the heat exchange unit by the other constructors.

recognized.

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