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(영문) 수원지방법원 2017.07.12 2016가단532606

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) On December 31, 2012, Samcheon-si Co., Ltd. (hereinafter referred to as Sambu-do), additional soil construction, tidal Building Co., Ltd., and Jinish L&C Co., Ltd constituted a joint supply and demand organization (hereinafter referred to as the “joint supply and demand organization in this case”) and received contracts from the Defendant during the period of 58,989,79,793,000 won in the contract amount for the construction works for Samcheon-si, Kimcheon-si, Kimcheon-si, and the construction period from December 31, 2012 to March 24, 2015. < Amended by Act No. 11358, Dec. 31, 2012>

(hereinafter referred to as the “instant construction”). B.

Sambu case subcontracted to the Plaintiff on July 17, 2013, the construction period of the temporary power installation (750kw) during the said construction period from February 16, 2013 to March 24, 2015, the contract amount of KRW 207,174,000, which was determined as the contract amount of KRW 207,174,000. The payment for completed portion was made within 60 days after the determination of each period, and 100% in cash (the conditions for the direct payment of the place of origin).

(hereinafter referred to as the “instant subcontract”). (c)

The written request for the payment of the construction price submitted by the joint contractor of this case to the defendant for the payment of the payment for completed portion was written by the defendant for each subcontractor such as the members of the joint contractor of this case and the material company.

The Defendant deposited KRW 182,60,000 in the Plaintiff’s account each on September 27, 2013, in accordance with the written request for the payment of construction cost, including the fiveth, seventh, eleventh, and eighteenth (5th), which the Plaintiff included as material business operators, KRW 182,80,000 in total, including KRW 43,913,125 (5th), and KRW 64,986,875 (7th), and KRW 41,800,000 on March 31, 2014 (18th), and KRW 31,90,000 on October 31, 2014 (18th).

E. Around April 2015, the Defendant and the instant joint contractor changed the contract amount to KRW 59,648,325,000 on June 8, 2015, following the settlement of accounts as to the completion of the instant construction project.

F. On August 17, 2015, the Defendant deposited KRW 1,318,697,098 in a warranty bond and paid KRW 198,25,822 in a warranty bond, among the remaining amount of money to be paid to Sambu case, and thereafter submitted a warranty bond, the Defendant submitted the warranty bond in cash on January 2, 2016.