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(영문) 인천지방법원부천지원 2015.01.29 2012가합7266

손해배상 등 청구의 소

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 1,000,000,000 and its interest thereon from March 8, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant A”)’s subcontract 1) Non-Party Western T&D Co., Ltd. (the trade name before the change is “C&D Day of the Co., Ltd.”).

The term "Sebnb" is referred to as "Sebn."

(B) On May 18, 2010, the Plaintiff is an amount of KRW 90.9 billion (excluding value-added tax if no separate statement is made; hereinafter the same shall apply) for construction work.

) From May 20, 2010 to May 31, 2012, the construction period was determined and contracted (after that, the construction cost was changed to KRW 13.7 billion on March 13, 2013).

(2) On December 24, 2010, the Plaintiff entered into a subcontract modification agreement with Defendant A, setting the construction cost of KRW 3.97 billion and the construction period from December 24, 2010 to May 31, 2012, with the content that the said construction cost shall be increased to KRW 7.7 billion on January 18, 2012.

(hereinafter referred to as "instant subcontract" in total). (b)

The Defendant entered into a sub-subcontract as follows with respect to the installation part of bus duct (a structure used as electric wires on a building that requires large capacity power, such as high-rise building, complex store, factory, etc., by connecting the body in the BUCT, rectangular-type shape with a prefabricated method) and fire fighting materials, during the process of performing the instant construction.

1) The above Defendant is a Sambu Engineering Co., Ltd. (hereinafter “Tribu Engineering”) on October 11, 201.

(2) On February 13, 2012, the Defendant entered into a contract for the supply and installation of fire fighting materials, which were determined from October 11, 201 to February 29, 201, with the supply and installation period of KRW 1.295 billion, and the supply and installation period of the bus duct. 2) On February 13, 2012, the Defendant entered into a contract for the supply and installation of fire fighting materials, which were determined from February 13, 2012 to May 31, 2012.

C. On the other hand, the Defendant entered into a contract for performance guarantee.