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(영문) 창원지방법원 2019.11.14 2018가단100192
손해배상(건)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 5,790,000 to the Defendant (Counterclaim Plaintiff) and its related amount from October 17, 2019 to November 14, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. From around 2013, the Plaintiff has been operating a full-time junishing point, i.e., face, eyebrow, crow, bridge, and hacker in Kim Sea from around 2013. (2) The Defendants are married couple and are operating a full-time string point in Busan as “D.”

B. 1) The Plaintiff entered into the interior construction contract with the second floor F of the building E in Kimhae-si (hereinafter “instant store”).

(2) On June 14, 2017, the Plaintiff entered into a lease agreement with G, the owner of the instant store, with the deposit of KRW 30 million, the rent of KRW 900,000,000, and the period from July 20, 2017 to July 19, 2019. (2) On July 31, 2017, the Plaintiff entered into a contract with the Defendants for the construction of the instant store’s interior works. On August 16, 2017, the Plaintiff entered into a construction agreement with the Defendants during the construction period of KRW 47,00,000, the construction period of KRW 47,000, and the period of construction from August 1, 2017 to September 10, 2017.

(3) The main contents of the instant contract are as follows. Article 2 (Construction Price plus Value-Added Tax 1) 4,700,000 (total construction cost of KRW 10%) 18,800,000 (total construction cost of KRW 40%) intermediate payment of KRW 18,800,000 (total construction cost of KRW 40%) 3) 18,800,000 (the intermediate date of construction work of KRW 40%) 4,70,000 (the intermediate date of construction work of KRW 40%) 10%) 10,000 (the intermediate date of construction work of KRW 10%) 10% prior to the commencement of construction work, the Defendants shall submit to the Plaintiff the construction design documents, drawings, etc. before the commencement of construction work to obtain approval.

2) The quality and specification of the material to be used in the construction must be consistent with the design documentation, provided that the design documentation does not clearly stipulate the quality and quality of the material, or that if the material is cut off, it may be otherwise determined through mutual consultation. 3) In the absence of the agreement referred to in paragraph 1, the material to be used in the construction is equivalent to the standard product and is the most suitable for the achievement of the purpose of the

Article 4 (Change and Coordination of Construction Works) One Construction Process or Construction Work.

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