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(영문) 춘천지방법원강릉지원 2017.08.22 2015가합5647
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In the East Sea, the Plaintiff operates the telecom and bath bath (hereinafter referred to as “D”) with the trade name “D” in the East Sea, and the Defendant operates various construction businesses, such as the stowing, waterproof, and red construction work.

B. On June 5, 2014, the Plaintiff intended to carry out the instant remodeling project on the first floor of both men and women’s bathing rooms and roadsides. As to the removal, waterproof, and the repair and reinforcement of structures of the said remodeling project between E and E, a technical director of the Defendant’s technical position, a written contract was prepared as follows.

Construction Work Standard Contract

1. The name of the construction work: the construction work of remodelling Dmotour, sugar and waterway;

2. Site location: In the same year C.

3. Period of construction: Commencement on June 5, 2014; completion on August 20, 2014; KRW 5 million (including value-added tax).

5. Prepaid money: (Public)

6. Timing and methods of payment of completed portion: (Public tender)

7. Warranty liability period: (Public disturbance)

8. The rate of warranty bond: (Public space)

9. Rate of liquidated damages: (Public space: Contract bond; (Public space) on June 5, 2014: The owner of a building: The defendant;

C. On August 1, 2014, separate from the above contract agreement, between the Plaintiff and E, the contractor was the Plaintiff and the contractor as the Defendant, and as to the removal, waterproofing, and structural repair and reinforcement works for the first floor of the instant building (including removal, waterproof, and structural repair and reinforcement works for the first floor of the instant building, including value added tax), the contract document written from August 1, 2014 to September 6, 2014 was drafted for the construction cost of KRW 7 million (including value added tax) and the construction period of the instant construction.

Since the construction of this case was completed, water was laid down on the floor of male and female bath, and water was cut to the boiler room in the underground floor of the building of this case and water was cut to the stairs of underground floors.

【The facts without dispute over the ground for recognition】 The entries in Gap evidence 1-1 through 4, and the purport of the whole pleadings.

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