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(영문) 춘천지방법원강릉지원 2017.10.31 2017가단762
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,428,470 and the interest rate of KRW 15% per annum from September 23, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. On April 13, 2015, the Plaintiff was awarded a contract with the Defendant for a new construction of four greenhouses (7m width ¡¿ 8.8m in length x 7m in length x 7m x 79.8m in width x 7m in width x 45m x 45m dong) to the static-gun C, a group of vessels owned B, and subcontracted the contract to the Defendant.

(hereinafter “instant contract”). B.

From April 23, 2015 to May 5, 2015, the Defendant installed four plastic houses. According to the design drawings, the pipe should be laid underground in depth exceeding 50 cm, and the Defendant constructed the pipe in depth at 15 cm.

(hereinafter “instant construction project”). C.

However, due to the strong wind on May 4, 2016, two of the said greenhouses (breadth x 7m x 79.8m breadth 7m x 45m m ) were completely destroyed, and KRW 25,00,000 was disbursed for reconstruction costs. The remaining two of the said greenhouses (breadth x 7m 8.8m m m m ) were partially destroyed.

The plaintiff partially destroyed one greenhouse was repaired, and the repair cost is equivalent to 10,928,470 won.

E. B around May 2016, filed a report on natural disaster damage to two greenhouses, which were transmitted to the static-gun, and received KRW 11,85,000 from the static-gun of the total construction cost of KRW 25,00,000, out of the total construction cost of KRW 25,000.

F. The Plaintiff paid KRW 12,500,000 to B.

[Recognition] Facts without dispute, Gap evidence 1 through 6, 9, Eul evidence 4 (including those with serial numbers; hereinafter the same shall apply), witness D's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant constructed the pipe in a depth of not less than 50 cm in the course of the construction of the vinyl. However, the vinyl was destroyed by the Defendant’s negligence. However, the Defendant is obliged to pay the Plaintiff a total of KRW 23,428,470 in the repair cost for the vinyl that the Plaintiff paid to B and the total of KRW 12,50,00 in the repair cost for the 12,50,000 and the 10,928,470 in the repair cost for the vinyls that were partially destroyed at the reconstruction cost.

B. Defendant’s objection.

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