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(영문) 수원지방법원평택지원 2016.11.09 2015가합9617

손해배상(기)

Text

1. The Defendant’s KRW 47,373,078 as well as the Plaintiff’s annual rate from July 1, 2015 to November 9, 2016.

Reasons

1. Facts of recognition;

A. On January 6, 2015, the Defendant entered into a contract with the Korea Land and Housing Corporation for a landscaping project A (hereinafter “A”) for a housing site development project, and requested several companies including the Plaintiff to make an estimate in order to select a subcontractor of the said project on February 6, 2015, and the Plaintiff submitted a estimate at the lowest amount.

B. The Plaintiff, the Defendant, and the subcontractor of the instant construction are different contractors.

On February 23, 2015, the Plaintiff held meetings once to discuss the scope of subcontracted construction works, etc., and on March 3, 2015, the Plaintiff and B concluded an agreement including the following:

(The contents of the agreement were prepared by C, which is an employee of the Defendant, and hereinafter referred to as the “instant agreement”). The 0 prime contractor of the agreement: the contract amount for the landscaping project for the Defendant 0 Section 1: the contract amount for the landscaping project for the Plaintiff (4 billion won and value added tax separate) (4.20 million won and value added tax): the contract amount for the landscaping project for the second Section 0 Section 2: the matters agreed upon by B (2.60 million won and value added tax separate) - the principal secretary is composed of Section 1 and Section 2 as the Plaintiff of Section

- On-site staff inputs consisting of two on-site agents, other than on-site agents, and two construction managers, respectively.

- This Agreement is a final agreement on the construction cost and the number of inputs before the conclusion of a subcontract and a commitment.

C. On April 10, 2015, the Defendant sent the draft construction performance guarantee to the Plaintiff by e-mail, and the Plaintiff prepared a construction performance guarantee and submitted it to the Defendant on April 13, 2015.

Witness

C testified that “The Plaintiff, although there was a fact that the Plaintiff brought about the construction performance commitment, has returned it in accordance with the upper direction.”

its key

Details are as follows:

(hereinafter “instant letter of undertaking”). Construction amount of construction amount of 0 billion won: 4 billion won (excluding value-added tax, insurance premiums, fees, etc.): 0 construction period: landscape planting on February 4, 2015 to August 3, 2016;