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(영문) 서울중앙지방법원 2019.05.15 2018가합508088

손해배상(기)

Text

1. The Plaintiff, Defendant B, and the Defendants are jointly and severally and severally 35,000,000 won and each of the above amounts.

Reasons

1. Basic facts

A. On February 18, 2016, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the following terms (hereinafter “instant contract”).

Defendant C is the representative director of the Defendant Company.

Standard contract for private construction works

1. The name of the construction: The Construction Corporation for Multi-household D in Ansan-si in Gyeonggi-do (hereinafter referred to as the “instant construction Corporation”);

3. Date of commencement: March 10, 2016.

4. Date scheduled for completion: July 20, 2016.

5. Contract amount: daily gold-gu0 million won ( 980,000,000) - V.A.T. separate supply value: - including G.T. (1,029,000,000 per day) - V.A.T. (5%)

6. 계약금 : 10% - 계약시 ≒ 102,900,000원

7. Part payments: 60 per cent - Payment in accordance with the monthly climate.

8. Balance: 20% when the certificate of completion completion is issued.

B. On March 4, 2016, the Plaintiff paid to the Defendant Company KRW 162,225,00 as the down payment for the instant construction project; and KRW 162,225,00 as the first progress payment for the instant construction project on May 19, 2016; and the Defendant Company returned KRW 52,50,000 as the price for the instant construction project to the Plaintiff on March 17, 2016, by having the Plaintiff directly perform the instant construction project.

C. The instant construction was commenced on April 5, 2016, and the Defendant Company did not timely pay the personnel expenses to its subcontractors, and the instant construction was suspended on May 19, 2016, and the Plaintiff directly performed the instant construction work from June 13, 2016, and paid the construction expenses to subcontractors using passbooks in the name of the Defendant Company at a fixed rate.

Meanwhile, with respect to E and F, who are the general manager of the construction site of this case belonging to the Defendant Company, the Plaintiff filed a complaint against KRW 188,774,305 out of the total amount of KRW 324,450,00 (i.e., down payment of KRW 162,225,00,000) (i.e., down payment of KRW 162,225,200) and the total amount of KRW 162,225,00).