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(영문) 부산지방법원 2015.02.04 2014가합2627
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) each of KRW 8,705,780 against the Plaintiff (Counterclaim Defendant) and each of them from February 21, 2014 to February 2015.

Reasons

All principal lawsuit and counterclaims shall be deemed to be filed together.

1. Basic facts

A. The plaintiff Sweet Co., Ltd. is each legal entity engaged in the transportation and business of aggregate, sand, etc., and the defendant is a person who carries out civil engineering and construction business, and the plaintiff A is a person who carries out soil and sand removal and banking business.

B. On November 18, 2013, the Plaintiffs entered into a construction contract between the Plaintiffs and the Defendant with respect to the construction works that were executed by the Defendant, the principal contractor, from among the construction works for the creation of a site for detached houses on the Busan Geum-gu and nine lots (hereinafter “instant construction site”), the Defendant, a principal contractor, entered into a construction subcontract (hereinafter “instant construction contract”) with respect to the remaining removal of the site from the site among the construction works for the creation of a site for detached houses that the Defendant

The Plaintiffs agreed to engage in the work under the instant construction contract as a partnership business, and agreed to distribute 50% of the profits therefrom to 50%. From November 18, 2013 to November 17, 2014, the contract amount: 112,662,00 won (i.e., value-added tax of 102,420,000 won (value-added tax of 102,420,000 won) (special condition)

1. The defendant who is the principal contractor and the plaintiffs who are the subcontractor shall perform the contract in good faith through mutual cooperation on equal terms;

2. The defendant shall provide the plaintiffs with cooperation and support necessary for the execution of this construction work (topinate and resolve civil petitions).

5. The measurement of the quantity of earth and sand taken out shall be 15 tons of 8.5 cubic meters for dump trucks, and 25 tons of dump trucks shall be calculated from 13 cubic meters.

8. Notwithstanding the Defendant’s necessary cooperation and support, the Plaintiffs shall not raise an objection even if the construction is discontinued due to inevitable circumstances.

9. The calculation of the construction cost shall be 18,00 cubic meters of total volume of earth and sand taken out, and the unit price per one cubic meter shall be 5,690 cubic meters of the unit price, and the increase or decrease in total volume shall be settled later.

C. According to the instant construction contract, the Plaintiffs were partly implementing and suspending remaining soil removal construction. The Plaintiffs were 638 cubic meters from November 21, 2013 to December 24, 2013 at the construction site of this case.

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