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(영문) 대전고등법원 2019.07.10 2018나15626
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 59,630,833 and also the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 2, 2015, the head of the Plaintiff church and the Plaintiff church, as the head of the Plaintiff church, concluded a contract for construction work for the building of the building of the Association Building on Land (hereinafter “instant church building”) and the building of two lots outside the J and the land (hereinafter “I building”) on the land outside the Daejeon Dong-gu, Daejeon (hereinafter “instant church building”) and set the construction period as KRW 0.1% from March 15, 2015 to October 15, 2015, the construction price was set as KRW 2,30,000 (excluding value-added tax) and the compensation rate for delay.

B. On April 23, 2015, the Plaintiff church concluded a contract for the construction of the instant church building and the I building (hereinafter “instant secondary contract”) with the Defendant, and set the construction period from April 29, 2015 to November 24, 2015, the construction price of KRW 2,300,000 (excluding value-added tax) and the statutory rate for liquidated damages.

C. On October 1, 2015, the Plaintiff church and the Defendant limited the object of the instant secondary contract to the instant church buildings, and entered into a contract for changing the construction cost from KRW 2,300,000 to KRW 1,200,000 (excluding value-added tax). On November 20, 2015, the Plaintiff church and the Defendant again entered into a contract for changing the construction period of the instant secondary contract from November 24, 2015 to December 21, 2015.

(hereinafter the final modified contract refers to the instant modified contract, and the instant church building construction according to the instant modified contract is referred to as the “instant construction”). D.

Plaintiff

In addition to the instant alteration contract, the church and the defendant entered into a contract for the construction of stone and others (hereinafter “instant building stones construction”) on the instant church building (hereinafter “instant building stones construction contract”). The defendant completed the instant building stones construction.

E. The instant church building was approved on December 23, 2015.

[Ground of recognition] A.

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