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(영문) 서울중앙지방법원 2017.05.11 2016가단5158937

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 52,112,506 and KRW 43,112,506 among them, from August 10, 201 to 9,00.

Reasons

1. The facts constituting the grounds for the separate claim do not conflict between the parties, or can be recognized in full view of the purport of each of the statements and the whole arguments as stated in Gap evidence Nos. 1 through 19 (including the provisional number). Thus, the defendants are jointly and severally liable to pay to the plaintiff 52,112,506 won with the amount of indemnity, and 43,112,506 won with the amount of indemnity from August 10, 201 to 9,000,000 won with the amount of indemnity as a result of the performance of the performance of the contract deposit, and the amount of indemnity from July 10, 201 to 13, 2016 with the amount of indemnity from July 13, 2012 to the last delivery date of the copy of each complaint of this case, and damages for delay calculated at 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following

2. The Defendants asserted that the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) renounced the construction under an agreement with the new construction owner, and that no bonds and obligations remain between the Defendant Co., Ltd. and the new construction owner. Therefore, the Plaintiff did not have to pay the contract deposit to the new construction owner. However, according to the aforementioned evidence, the Defendants asserted that the Plaintiff did not have to pay the contract deposit to the new construction owner. However, due to the delay in the construction due to the waiver of the construction and the increase in construction cost due to the increase in the unit price when the Defendant Co., Ltd. (hereinafter “Defendant Co.”) selected the subsequent company, the Plaintiff may be recognized to have paid the contract deposit to the new construction owner. Accordingly, the Defendants’ aforementioned assertion is rejected

3. Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.