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(영문) 서울중앙지방법원 2020.07.17 2019가합589459

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On April 2, 2019, C Co., Ltd (hereinafter “Nonindicted Company”) contracted to the Defendant for the construction of D&L (hereinafter “instant construction”) at the contract price of KRW 77,880,00,000 (including value-added tax).

(hereinafter “instant prime contract”). B.

On July 24, 2019, the Defendant borrowed KRW 300,000,000 from the Plaintiff, and subcontracted to the Plaintiff on July 25, 2019 the contract price of machinery and equipment construction work among the instant construction work (including value-added tax) at KRW 14,058,00,000 (including value-added tax).

(hereinafter referred to as “instant subcontract”). (c)

On December 12, 2019, the Plaintiff filed the instant lawsuit against the Defendant, claiming that the Defendant unilaterally rescinded the instant prime contract by mutual agreement with the non-party company, and that the instant subcontract was unilaterally rescinded, and that the Plaintiff would compensate for damages equivalent to the performance profit incurred by the Plaintiff.

On March 24, 2020, the Plaintiff and the Defendant agreed with the following contents:

(hereinafter referred to as “instant agreement”). Defendant B: The Plaintiff’s “A” and “B” provided for 21% of the profit (refer to the execution estimate report) to “B” on July 25, 2019 after concluding a contract with “B” for the construction of machinery and equipment (contract number: No. 19-000 separate lots of contracts for construction works) among the construction works of Dmixed & Ri, which was concluded on July 25, 2019 between “B” and “B.”

However, as the contract for the construction of machinery and equipment among the new construction of D&L sets becomes null and void due to the destruction of the original contract with the original injection (foreign company) due to the cause attributable to A, “B” has filed a lawsuit for compensation equivalent to KRW 2 billion against “A”.

Accordingly, "A" and "B" shall be agreed upon as follows, and "B" shall withdraw the lawsuit against "A":

1. “A” is new until the future contract amount (VAT) reaches 12,780,000,000 won.