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(영문) 광주지방법원 2014.08.14 2014가단8573
손해배상(기)
Text

1. The Defendant’s KRW 3,516,520 as well as the Plaintiff’s annual rate from October 26, 2013 to August 14, 2014.

Reasons

Facts of recognition

On August 5, 2013, the Plaintiff entered into a contract for the construction of the B passenger ship terminal (construction, civil engineering, landscaping, machinery) from the UNFCCC Comprehensive Construction Co., Ltd. (hereinafter “Es Comprehensive Construction”). On August 5, 2013, the Plaintiff entered into a contract for the construction of the B passenger ship terminal (construction, civil engineering, landscaping, machinery) with the Defendant at KRW 36,00,000 (excluding value-added tax).

Unclaimed construction, waterproof construction, and the Defendant paid the price from August 9, 2013 to October 10, 2013.

On the other hand, with the consent of the defendant, the plaintiff awarded a sub-subcontract for the waterproof Construction Work, and C performed the waterproof Construction Work.

The plaintiff paid 29,605,500 won in total to the defendant for the unclaimed construction. 36,43,980 won after deducting 3,166,020 won in waterproof construction costs (including value added tax) from 6,828,480 won contract amounting to 39,60,000 won (=36,00,000 value added tax of KRW 3,60,000), is calculated on the premise that it is the total price for the unclaimed construction, and there is no dispute between the plaintiff and the defendant.

has not been paid.

On October 10, 2013, the defendant issued an opinion to the effect that on October 10, 2013, the part of the unclaimed construction was completed, and requested D to confirm it, which was an on-site employee of the UN Es comprehensive construction site, and D would be the same as the defendant in the site.

Accordingly, the defendant completed the above construction site.

After the occurrence and repair of defects, the part of the non-construction is discovered, and the defect is caused. On October 21, 2013, the Plaintiff demanded the Defendant to repair the defects arising from the non-construction and waterproof construction and to supplement the non-construction part. However, the Defendant did not comply with such demand.

The calculation value of the non-execution part of cement cement (including solar dust) of KRW 225,00 shall be KRW 3,763,80,000, 225,000, i.e., cement powder of KRW 1,747,200.

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