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(영문) 대전지방법원천안지원 2019.02.27 2018가단103354

공사대금

Text

1. The defendant shall pay to the plaintiff corporation A KRW 36,305,115, and KRW 34,881,385 and each of the said money to the plaintiff corporation B.

Reasons

1. Basic facts

A. On August 1, 2017, the Plaintiff Co., Ltd.: (a) was established by dividing the fire-fighting system construction business into D on August 1, 2017 for the purpose of filing a lawsuit; (b) was a company that comprehensively succeeds to D with respect to the fire-fighting system construction business, etc. (hereinafter “Plaintiff A”); and (c) the Plaintiff Co., Ltd. (hereinafter “Plaintiff B”) is a company that aims at specialized fire-fighting system construction business, etc.

B. In order to construct E (hereinafter “instant building”) at the time of official residence, the Defendant concluded a construction contract with each of the following companies by type of work around March to July, 2015:

Plaintiff B (Share 49%) Fire Fighting Co., Ltd. (hereinafter referred to as “H”) - Plaintiff A (Share 49%) (5% of shares of 51% of shares of the 51% representative construction company A, the Plaintiff for the Plaintiff

C. On December 14, 2016, Plaintiff A and B completed fire-fighting system construction and received a completion inspection certificate under the Fire-Fighting System Installation Business Act.

On December 27, 2016, each of the above construction companies (hereinafter “each of the construction companies of this case”) destroyed a fire (hereinafter “instant fire”) at the first floor parking lot of the instant building that was executed by the construction company and destroyed part of the said building.

E. The Defendant spent KRW 203,390,000 as the cost of restoring damage caused by the instant fire.

The amount of the non-determined recovery cost share (20%) between the 14,625,642,894.61,017,00 (30%) for construction and machinery 14,625,894 G 203,390,678,000 (20%) 162,712,000 electricity H 40,678,678,67000 and H 40,678,678,000 (20%) for communications I 30,508,508,5030,508,508,508,508,508,5040,50 (15%) - Plaintiff B/51,5864,40,505,405,505,301,5305,5305,9405,940,505,5305,9405,5105,405