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(영문) 창원지방법원 2019.01.10 2018가단104040
손해배상(기)
Text

1. The Defendant’s KRW 23,917,100 as well as the Plaintiff’s annual rate from March 22, 2018 to January 10, 2019.

Reasons

1. Basic facts

A. On November 4, 2014, the Plaintiff entered into a subcontract with the Defendant (former E Co., Ltd.) on the construction of a new government office building within the district of Jinju-si (hereinafter “instant construction”) as ordered by the Korea National Government Procurement Service on the following terms:

Contract amount: The period of construction of share-confluence interest (excluding 88% of the original contract amount, taxes and public charges): From November 4, 2014 to January 3, 2016: the Defendant shall have the responsibility for repair, reconstruction and all expenses for the damage and loss of facilities that may arise by the time of delivery to the original contract amount (excluding 4,623,696,760 won):

In addition, when damage is caused by natural disasters or other force majeure, the defendant is fully responsible for the damage other than the part recognized by the ordering place.

Special Agreement:

1. This project shall be a responsible construction project involving field-related temporary works and approval of materials and construction and repair of defects;

B. The Plaintiff paid all the construction cost equivalent to 88% of the original contract amount, excluding taxes and public charges, to the Defendant upon completion of the office building of the agency.

C. On December 6, 2016, after the completion of the instant construction by the Defendant, on the Plaintiff on December 6, 2016, 2016, the FF Corporation: (a) the Plaintiff, among the instant construction works, falls water from the water leakage around the ceiling pipes of the machine room, the water leakage of the pipe pipes, the water leakage of the wall diameter, the water leakage of the equipment in the machine room, the water leakage of the equipment in the room; (b) the fall of the wall in the underground floor; (c) the failure to install the opening and closing device of the first floor; (d) the failure to install the first floor stairs; (e) the installation of each floor of the first floor; (e) the water leakage of the equipment room; (e) the water leakage; (e) the water leakage of the pipe pipes around the machine room; and (e) the water fall from the water contamination caused by the water contamination of the pipe pipe; (e) the water leakage of the rooftop floors; (e) the water leakage of the rooftop floor; (e) the exhaust of rooftop.

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