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(영문) 인천지방법원 2017.07.14 2016가합56133
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b) the facts of the basis;

A. On February 1, 2016, the Plaintiff entered into a contract with the Defendant to accept a subcontract for construction works among the construction works of a building C (hereinafter “instant construction works”) from the Defendant to March 31, 2017 (including value-added tax) (hereinafter “instant subcontract”). Of them, the content of the instant case is as follows.

1. Project owner: Construction of a new building C;

2. The name of subcontracted project: The facility works among the new construction works of building C.

3. The construction site: Gyeonggi-do Pyeongtaek-si and two parcels outside Gyeonggi-do;

4. Period of construction: 1,830,453,000 won: Amount of supply on March 35, 2017: 20,453,000 won: 1,810,000 won: 20,453,000 won * Tax area of 11.3%, and tax-free area of 88.7%;

6. Payment of a price: A price shall be paid at the end of each month and the 15th day of the following month according to the rate of base.

Provided, That 20% of the balance shall be paid within two months from the completion.

7. The scope of work: it shall be based on the design drawing;

8. In case of construction works, a security deposit shall be substituted by a surety or a guarantor.

-a brief-12. Special Agreement;

1. On-site workers shall wear a safety cap, safety bell, and safety bell, and in the case of accidents that occur when they wear, B shall be held responsible;

2. It shall be discussed immediately with the person in charge of the on-site work in the event of problems and differences in the process of the work progress;

3. If the Plaintiff refuses on-site work for not less than three days without the consent of the site, the contract is automatically concluded at an amount of 70% of the construction completion rate, and the Plaintiff shall immediately withdraw from the site.

-bet-12. This Corporation shall perform its design and construction in a lump sum under the responsibility of the plaintiff.

13. Other matters shall correspond to general practices.

B. On April 27, 2016, the Defendant expressed to the Plaintiff his/her intent to terminate the instant subcontract verbally, and on May 9, 2016, “Defendant” provided to the Plaintiff the terms of Articles 8, 12, 2, 3, and 3 of the instant subcontract.

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