beta
(영문) 서울중앙지방법원 2018.05.29 2017가단5132710

손해배상(기)

Text

1. Selected Co., Ltd.: (a) KRW 69,459,062 and its amount shall be from April 25, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On April 26, 2017, the Plaintiffs received a building permit from the head of Seongbuk-gu Seoul Metropolitan Government office to newly build a Class II neighborhood living facility with a building area of 96.815 square meters and a total floor area of 283.1763 square meters on the land in Seongbuk-gu Seoul Metropolitan Government.

B. The representative of the Appointed Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a director F, but only provided the name so that the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) who is one’s external village can establish a corporation, and in substance, Defendant C operates the Defendant Co., Ltd.

C. On April 28, 2017, Defendant Company contracted for the construction of the said neighborhood living facilities by the Plaintiffs, and the specific content of the construction contract is as follows.

(hereinafter referred to as the “instant contract”). Construction cost (Article 1): 281,496,00 won of contract amount (the time of the contract for construction) 30% of cash-repaid materials cost and wage shall be 281,49,000 won of contract amount (the time of the contract for construction) for the materials subject to direct disposal of the owner’s direct payment, by the end of the day immediately following the arrival,

9. Settlement method contract (contract amount): 30% (80 million won): The balance settlement (80 million won) after completion of construction: 101,496,00 won: 281,496,00 won (limited to a case) part of the pen shall be written in his/her hands;

The Plaintiffs, pursuant to the instant contract, have the same year from April 28, 2017 to Defendant Company.

5. 20 million won in total as down payment three times up to the same year, and the same year.

5. 70 million won, and the same year;

6.7. 10 million won in total, and the same year was paid by the Defendant Company to Ilsung-Bcon Co., Ltd. which received sewage from the Defendant Company.

6. 24. The payment of 9.65 million won at a concrete building cost was made with a refund of 4 million won.

E. On June 28, 2017, the Defendant Company suspended the progress of the construction work as to the timing for payment of materials and wages, and the Plaintiffs’ cancellation of the instant contract with the Defendant Company.