(영문) 대구지방법원 안동지원 2018.05.01 2016가단21339

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(영문) 대구지방법원 안동지원 2018.05.01 2016가단21339

손해배상(기)

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1. The Defendant-Counterclaim Plaintiff Co., Ltd. (Counterclaim Defendant) from May 26, 2016 to KRW 28,185,546 and its amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings, either in Gap evidence 1, 2, and Eul evidence 5-1, 5-2:

On July 21, 2015, the Plaintiff entered into a contract with Defendant B and Defendant B (the trade name scheduled at the time is E Co., Ltd.) on the construction of the F ground fraternity (hereinafter “instant fraternity”) at Ansan-si (hereinafter “instant construction”) with the construction cost of KRW 370 million (excluding value-added tax). The main contents of the relevant construction contract (hereinafter “instant construction contract”) are as follows.

(1) Date of commencement: On July 21, 2015, the date on which completion is scheduled:

1. The amount stated in the contract shall be calculated by settling accounts after completion and multiplying the adjusted amount by the contractual unit price, and the expenses shall also be increased or decreased in proportion to the expenses;

2. All electrical construction shall be executed by the owner.

3. The facility works shall be executed directly by the owner;

4. Civil engineering works shall be performed after taking measures to pack all the spaces and to ensure that the excellent surrounding areas do not interfere with the operation of boundaries;

5. All matters related to construction works, such as supervision and neighboring civil petitions, arising during the performance of construction works, shall be liable and resolved by the contractor;

6. When permission for development activities is inevitably conducted while construction works are underway, permission expenses shall be borne by the project owner and shall be handled through consultation that does not hinder construction works.

8. The cost of design modification shall be resolved by the contractor in excess of five million won.

10.Agreement.

유사 판례

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