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(영문) 광주고등법원 2019.09.20 2018나25624

약정금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On July 2, 2014, the Plaintiff concluded a contract for a construction project with D (hereinafter “D”) stating that the portion of the “E Creation Works” contracted by D Co., Ltd. (hereinafter “C”) for the construction cost of KRW 12,100,000,000 among the “E Creation Work” that D Co., Ltd. (hereinafter “C”).

B. However, around May 2015, D renounced the instant construction, and C contracted the instant construction to G Co., Ltd. (hereinafter “G”).

C. On May 17, 2016, the Plaintiff entered into a construction contract with G to the effect that the Plaintiff would receive a subcontract for the part of the instant construction works from G for KRW 10,867,128,437 of the construction cost of the instant construction works (hereinafter “instant construction works”). On the same day between G and G, the Defendant entered into a construction contract with G to the effect that the Defendant would receive a subcontract for the part of the instant electrical construction works (hereinafter “instant electrical construction”) from G for construction cost of KRW 2,579,294,901.

On the other hand, the Plaintiff entered into a joint supply and demand agreement with the Defendant on May 18, 2016, respectively, with respect to the civil engineering works of this case subcontracted by G and the electrical construction works.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, 8, and 9, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff initially agreed to accept the instant civil engineering works and electrical construction works from G in a lump sum, and thereafter, the Plaintiff formed a joint supply and demand organization with other electrical construction companies at the request of G and concluded a subcontract for the instant civil engineering works and electrical construction works between G and G.

Accordingly, on April 4, 2016, the Plaintiff consulted with J, a legitimate representative of the Defendant, about the formation of a joint supply and demand organization. In lieu of concluding a subcontract for the instant electrical construction with G directly, the Plaintiff’s estimate price for the instant electrical construction presented to G and the difference between the estimated price presented by the Defendant and the estimated price presented by the Defendant, whichever is 370,000.