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(영문) 서울중앙지방법원 2020.02.07 2018가합513820

손해배상(기)

Text

1. Defendant C shall pay to the Plaintiff KRW 552,069,790 as well as 12% per annum from March 14, 2018 to the date of full payment.

Reasons

1. Basic facts

A. From around 2011, Defendant C operated the Plaintiff’s Seoul Branch in Gangnam-gu Seoul, and actually operated the F Co., Ltd. F (hereinafter “F”) registered as joint representative director in the same place from around 2013 to around the same day.

B. On January 4, 2017, the Plaintiff: (a) entered into a contract to grant a subcontract for the instant construction work (hereinafter “instant subcontract”) with the Defendant C during the construction period from January 4, 2017 to December 31, 2018, among “I block apartment construction projects” (hereinafter “G”); (b) concluded a contract to grant a subcontract for the instant construction work (hereinafter “instant subcontract”) by setting the construction cost of KRW 3,878,737,200, and the construction period from January 4, 2017 to December 31, 2018; and (c) subsequently, (d) concluded a contract to grant a subcontract for the instant construction work to the Defendant C during the construction period of KRW 3,516,00,000, and from January 4, 2017 to December 31, 2018 (hereinafter “instant subcontract”); (e) concluded a new subcontract for the construction work to the “J’s mutual entity” (hereinafter “J”) from January 30, 2001 to 301.

C. On March 31, 2017, F and Defendant B prepared and submitted to the Plaintiff a letter of performance (Evidence A 3; hereinafter “instant performance letter”) with respect to the instant subcontract as follows.

For a secretary of performance:

1. F Co., Ltd. (joint representative E, B);

2. B

1. Each of the above three persons, F, B, and two (hereinafter referred to as “each of the above persons”) confirms that the above persons are responsible and responsible for the construction of the “electric-unit housing construction project” under the subcontract of G by A Co., Ltd. among the “electric-unit housing construction project” ordered by G Co., Ltd. (hereinafter referred to as “electric-unit housing construction project”).

However, the above contract amount of electrical facility construction between the above two parties and A corporation is out of the original construction amount ordered by the G Co., Ltd. (the total construction amount of KRW 3,878,737,200).