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(영문) 청주지방법원 2016.08.17 2014가합28500

손해배상(기)

Text

1. The defendant

A. As to KRW 216,735,786 and KRW 24,129,286 among them, Plaintiff A shall be from December 10, 2014 to May 6, 2015.

Reasons

1. Basic facts

A. On February 9, 2014, Plaintiff A appears to have written KRW 550 million in the cost of construction for the construction of a building for the fourth floor neighborhood living facilities (hereinafter “instant first construction”) on the ground of the Defendant, Cheongju-si, the Defendant appears to have written KRW 550 million in writing.

On September 30, 2014, the scheduled date of completion of the reclamation project was determined as 1/1,000 of the total contract amount per day.

Plaintiff

B On April 1, 2014, the Defendant awarded a contract for the construction of a building of the fourth floor neighborhood living facilities (hereinafter “instant second construction”) on the Fluju City F with the amount of the construction cost of KRW 545 million and the scheduled completion date of completion of the reclamation works, on September 30, 2014, at the rate of KRW 1/1,000 of the total amount of the liquidated damages per day.

B. On April 12, 2014, with respect to each of the instant construction works, the Defendant entered into a contract for the supply of ready-mixed (hereinafter “instant ready-mixed”). On May 27, 2014, the Defendant entered into a subcontract with Nonparty G on the supply of ready-mixed (hereinafter “instant subcontract”). On May 27, 2014, the Plaintiffs jointly and severally guaranteed the Defendant’s obligation to Han Cement Co., Ltd and G with respect to each of the instant construction works (hereinafter “instant joint and several guarantee contract”).

C. With respect to each of the instant construction works, the Defendant obtained permission for the use of the name of “D Branch Director” from Nonparty D Co., Ltd. (a joint Defendant, but a final and conclusive decision substituting conciliation on April 1, 2016, hereinafter “D”), and concluded each of the instant construction works under the name of the Plaintiffs, Han Il cement Co., Ltd., Ltd., and G, and performed each of the instant construction works.

Plaintiff

From February 10, 2014 to September 18, 2014, A paid to the Defendant KRW 310,000,000 in total as the construction price for the instant First Works, and Plaintiff B paid KRW 295,00,000 in total as the construction price for the instant Second Works from April 1, 2014 to August 11, 2014.

E. On July 21, 2014, each of the instant construction works was suspended on the ground that G was not paid the subcontract price by the Defendant, and up to now the site of each of the instant construction works was suspended.