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(영문) 창원지방법원진주지원 2020.01.22 2018가합11735
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts below the basis of facts are either in dispute between the parties or in full view of Gap evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1 (including the numbers, hereinafter the same shall apply) and the purport of the whole arguments.

A. The Plaintiff is the owner of the construction (hereinafter “instant construction”) that newly constructs neighborhood living facilities and housing (hereinafter “instant building”) on the ground of Sacheon-si E, and Defendant B is the constructor of the said construction; Defendant C is the person in charge of designing the said building; Defendant C is the supervisor of the said construction; Defendant D is the supervisor of the said construction.

B. On November 9, 2015, the Plaintiff entered into a construction contract with Defendant B, setting the construction period from November 9, 2015 to January 30, 2016, with the construction cost of KRW 350 million.

C. On February 5, 2016, the Plaintiff and Defendant B changed the construction period from February 5, 2016 to March 31, 2016, among the contents of the said construction contract, to KRW 100,000,000 in contract deposit, intermediate payment of KRW 50,000,000 in total, and the remainder of KRW 200,000 in total. The Plaintiff and Defendant B entered into a modified contract setting the payment period for the remainder after 20 days from the date of completion.

Defendant B completed and delivered the instant building to the Plaintiff, and other details of administrative procedures related to the instant construction are as listed below.

Details of the date of commencement of amusement facilities on September 7, 2015: (a) the receipt of the report on commencement of construction on October 7, 2015 on the receipt of the report on the commencement of construction on October 7, 2015 on the receipt of the report on the commencement of construction on October 7, 2015 (Class I neighborhood living facilities) on November 13, 2015; (b) the receipt of the amended permission on November 17, 2015 (Class I neighborhood living facilities); and (c) the notification on the commencement of construction on November 17, 2015 (Class I neighborhood living facilities) the approval for use (Class I neighborhood living facilities) on April 27, 2016 on April 27, 2016; (d) the approval for use (a amusement facilities) the use of which on September 7, 2016.

E. Defendant B filed a lawsuit against the Plaintiff on April 11, 2018 against the Plaintiff for the payment of the instant construction cost and the additional construction cost under the Changwon District Court Jinwon Branch Decision 2016Gahap10820.

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