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(영문) 대전지방법원 2019.12.11 2018나4565
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. In the first instance court, the Plaintiff claimed the Defendant for damages amounting to KRW 6,300,000 in lieu of defect repairs and KRW 27,300,000 in total, and damages amounting to KRW 21,30,000 in lieu of defect repairs. The first instance court accepted the claim for damages in lieu of defect repairs, and dismissed the remainder of claims.

Therefore, since the plaintiff and the defendant appealed against each part of the judgment against them and the plaintiff's appeal is withdrawn, the judgment of this court is limited to the claim for damages in lieu of defect repair.

2. Standard subcontract agreement (before modification) of the basic construction works;

1. Project owner: D (the trade name of the plaintiff);

2. Project name of subcontracted project: Water supply and waterproof works of building in E-building;

3. Place of construction: Bobling C (E building);

4. Construction period: The contract amount on June 5, 2017, June 10, 2017: The supply price of KRW 8,800,000: 8,000,000: The special agreement on KRW 800,000;

1. Settlement terms: 2,00,000 won = 8,000,000 won when completing the construction work with materials of KRW 4,000,000 as an advance payment, = (excluding value-added tax)

2. Period of warranty: A standard subcontract agreement for construction works fixed for a two-year period (after modification).

1. Project owner: D;

2. Project name of subcontracted project: Water supply and waterproof works of building in E-building;

3. Place of construction: Bobling C (E building);

4. Construction period: 14,850,000 won for the supply price on June 5, 2017, the completion of June 14, 2017: 13,50,000 won: 1,350,000 won for the value-added tax.

8. Warranty bond rate: 3%;

9. Liability period: Terms and conditions of a special agreement for two years (Submission of a warranty bond);

1. Contract deposit: 2,000,000 won;

2. Part payments and any balance: 11,500,000 won;

6.15. Payment of part payments after on-site checks;

3. The balance shall be paid simultaneously with the issuance of a certificate of performance guarantee for defects after the completion of the construction project.

On June 10, 2017, the Plaintiff and the Defendant concluded a contract for construction works on the fourth floor among the fourth floor buildings (hereinafter “instant building”) in Boan-si (hereinafter “instant building”) and changed the construction period and the construction cost on June 14, 2017.

I would like to "a modified contract."

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