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(영문) 수원지방법원 2016.10.18 2016나1196
하자이행비용의 소
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. Facts of recognition;

A. Terms and conditions of the instant subcontract contract: The payment period for supplementation of problems at the time of capital production, installation, trial operation and transfer: 30% of the contract deposit, 40% of the contract deposit at the time of the completion of installation, 30% of the contract deposit after the issuance of the contract deposit and the payment of the down payment and the balance after the issuance of the defective performance bond after the issuance of the contract deposit after the examination and transfer of 30% of the contract deposit;

1. Work shall be performed in accordance with the order place drawing and the starting;

2. Work schedule and matters to be ordered for work shall proceed in consultation with the head of the site at the ordering place;

1) The Plaintiff’s Daegu Capital Co., Ltd. (hereinafter “instant Capital Capital”) from Hyundai Elevator Co., Ltd.

A) On January 10, 2014, upon receipt of a contract for installation works, re-subcontract the said construction works to the Defendant for the total cost of KRW 148 million (hereinafter “instant subcontract”). The main contents of the instant subcontract are as follows. 2) On the top of the order drawings attached to the instant subcontract, the instant subcontract was designed to manufacture grads by using rollls of letan materials on the basis of the order drawings attached to the instant subcontract.

B. On June 5, 2014, the Defendant sent to the Plaintiff a certificate of content that “the design and production drawing were not obtained until January 10, 2014, and the completion of the construction work was delayed due to the Plaintiff’s failure to complete the construction work.” The Plaintiff requested the Defendant to design and completed the construction work on January 28, 2014. As such, the Plaintiff sent a certificate of content that “the Plaintiff shall pay KRW 35,350,000 for additional expenses, such as the balance of the construction work, the design cost, and the documents for the completion of the construction work.” Accordingly, the Plaintiff sent a certificate of content that “the design was only modified by the Defendant, and the completion was delayed due to the Defendant’s cause attributable to the Plaintiff, the Plaintiff shall pay KRW 47,410,000,000 to the Plaintiff for additional construction work.”

3. On March 2015, the defendant completed construction works.

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