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(영문) 인천지방법원 2014.08.12 2012가단85204
손해배상(기)등
Text

1. The Defendant (Counterclaim Plaintiff) shall pay 18,480,000 won to the Plaintiff (Counterclaim Defendant) and its payment from October 27, 2012.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence Nos. 2 to 4, and 8, together with the whole purport of the pleadings:

On July 2010, the Plaintiff awarded a contract to the Defendant for the extension of the residential space and remodeling of outer walls (hereinafter “instant construction”) on the roof of the building of the second floor C of the Incheon Nam-gu, Incheon (hereinafter “instant building”) and entered into a contract to pay the Defendant separate amounting to KRW 44,00,000 for the construction cost, KRW 2 months for the construction period, KRW 1,500 for the design cost, KRW 1,500 for the design cost, and KRW 1,500 for the design cost (hereinafter “instant contract”).

B. The Plaintiff’s savings account of Nonparty D, the Defendant’s wife, KRW 1,500,00 on September 2, 2010, and the same month.

3. Some of the construction cost of KRW 24,00,000 were remitted to each other. On October 201, 201, the Defendant commenced the instant construction work and requested the Plaintiff to pay the construction cost in advance. The Plaintiff filed a request with the Defendant on November 7, 2010, the Plaintiff’s KRW 5,000,000, and the Plaintiff’s KRW 5,000,000,000 on December 5, 201, and KRW 6,00,000 on February 20, 2011, and the same year.

3.2. 2.2.2.00,000, 10.1,00,000 won for the same month, and 44,00,000 won for the construction cost, including the 18.1,00,000,000 won for the same month.

C. On the other hand, around May 3, 201, the Defendant borrowed KRW 5,00,000 from the Plaintiff as the instant construction fund, and the instant construction project completed a completion inspection at the end of September 2012, and among them, among them, the rooftop rail construction and steel stairs construction were not completed by the Defendant.

2. According to the facts acknowledged in paragraph (1) of the judgment on the claim of the principal lawsuit, the defendant not only borrowed KRW 5,000,000 from the plaintiff but also did not complete the construction of this case even after receiving all the construction cost of this case. Thus, the defendant is liable to compensate the plaintiff for the above loan amounting to KRW 5,00,000 and the plaintiff's damages.

With respect to the scope of the damage, there is no dispute between the parties, or A, No. 2, 5, and 5.

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