logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원안동지원 2020.04.22 2018가단20033
손해배상(기)
Text

1. The Defendant’s KRW 172,220,00 for the Plaintiff and KRW 5% per annum from March 1, 2018 to April 22, 2020 for this.

Reasons

1. Basic facts

A. On March 9, 2015, the Plaintiff obtained a business plan for the business start-up of a funeral manufacturing industry from the Ansan-dong market, setting the factory location as C and one parcel outside of the city.

Since then, Eul submitted two construction plans and restoration plans with the design drawings of the factory to be newly constructed, and accordingly, it was approved on June 1, 2016.

B. The Plaintiff concluded a contract with the Defendant on June 29, 2016, setting the construction cost of steel and concrete works for the steel and concrete works of the new construction works with the Defendant as KRW 270,000,000, with respect to the construction work for the steel and concrete works of the new construction works, within the limit of KRW 270,000,00, in accordance with the evidence No. 2 of the Plaintiff.

The Plaintiff paid 80,000,000 won to the Defendant on the day of the contract and paid all the above 270,000,000 won until December 23, 2016.

C. In order to modify the design of a new factory, the Plaintiff submitted the construction plan and restoration plan drawings with Gap evidence No. 2 (hereinafter “instant design drawings”) with the design drawings of the factory to be newly built in the Ansan-dong City Mayor. Accordingly, on January 16, 2017, the Plaintiff obtained approval for the modification of the business plan from the Ansan-dong City Mayor.

The Plaintiff and the Defendant shall execute the instant design plan. The Plaintiff paid the Defendant KRW 60,000,000 in the name of additional construction cost, and the Plaintiff paid the Defendant KRW 82,00,000 in total,00 on February 20, 2017.

E. Although the Defendant completed all the construction, it is not possible to obtain the construction completion approval by performing part different from the design drawing of this case, such as performing construction work within a maximum of 18 meters, even though the height of the construction is less than 15 meters to obtain the construction completion approval.

F. On August 25, 2017, the Plaintiff prepared a work plan and restoration plan for the evidence A (as evidence A 15-3 and evidence B 3-1) on August 25, 2017 by again preparing a design map reflecting the actual construction condition of the Defendant, and requesting the design office to apply for approval of modification to the business start-up business plan. The Plaintiff decided to execute the plan accordingly. The above drawing height is 15 meters.

arrow