beta
(영문) 수원지방법원 2016.04.28 2015가단4470

손해배상 청구

Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 19, 2014, the Plaintiffs entered into a contract with the Defendant on the terms that the construction cost of reinforced concrete building works (hereinafter “instant construction works”) shall be KRW 100 million for construction works, and the construction period shall be fixed from the same date to October 30, 2014 for construction works (hereinafter “instant contract”). However, the “construction contract document (overline, trees, and steel bars) submitted with the evidence No. 1 of the instant contract is not prepared at the time of the instant contract, but was drafted at the time of the completion of each of the following construction waivers:

On September 23, 2014, the Defendant paid the down payment of KRW 10 million.

B. On October 22, 2014, when the construction period of the instant construction was within the construction period, the Plaintiffs demanded the Defendant to waive the instant construction due to the delay in construction. On the same day, the Defendant signed and sealed a written waiver of construction that “each of the instant construction works has been abandoned on September 22, 2014, as it became known of the progress of construction work due to the human resources and circumstances of the official,” which the Plaintiff B prepared on the same day.

On the same day, the Plaintiffs and the Defendant assessed the completed portion of the instant construction work up to the time by the Defendant, as KRW 36 million, and decided to substitute KRW 10,000,000,000 paid as down payment, the Plaintiffs paid the remainder 26 million to the Defendant on the following day.

C. On March 20, 2015, following the Defendant’s renunciation of the instant construction work, the Plaintiffs: (a) concluded a contract with E for the construction cost of KRW 62.9 million for the portion that the Defendant failed to complete; and (b) from March 20, 2015 to May 30, 2015 for the construction period.

After that, the construction of a new house was completed on November 2015, and the Plaintiffs became to obtain rental income from that time.

The F, upon the Defendant’s instruction, did not receive wages, etc. from the Defendant.

Accordingly, Plaintiff A shall be subject to the instant case.