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(영문) 부산지방법원 2015.06.10 2014가합47736

손해배상(기)

Text

1. Defendant B shall pay to the Plaintiff (Counterclaim Defendant) KRW 244,157,118 and interest thereon from July 21, 2014 to the date of full payment.

Reasons

1. Determination as to the claim on the principal lawsuit against the comprehensive construction of defendant decoration

A. Basic facts (1) On March 5, 2009, the Plaintiff: (a) on the ground of the Kimhae-si, prepared a contract agreement for contracting KRW 880,00,00 to a MP General Construction Co., Ltd. (MM construction as a stock company on June 11, 2010; hereinafter “MP Construction”); and (b) on the part of the document attached to the contract agreement, the statement, as the document attached to the contract, states that “C Dongdong, Ddong, civil engineering works, construction works, electrical construction, fire-fighting works, appurtenant construction works, and sewage treatment works” as to the scope of the instant construction.

(2) On May 2, 2011, MP General Construction suspended current account transactions, and on June 22, 2011, filed an application for rehabilitation with Busan District Court Decision 2011Mo24.

(3) On May 30, 201, the Plaintiff’s agreement to reduce the entire construction of MP and the entire construction of this case to KRW 770,000,000 is called as “the other agreement of this case.”

(4) On January 3, 2012, the Plaintiff drafted the following: (a) the completion of the instant Cdong construction and the completion of the civil engineering works (hereinafter referred to as “the instant construction works”) from among the entire construction works of the instant case.

B. A contract for the modification of a private construction project, which is to be awarded to Defendant S decoration Comprehensive Construction in KRW 77,000,000, is referred to as “the first modification contract of this case” and “the contract to be concluded by the Plaintiff based on the above contract” is referred to as “the first modification contract of this case.”

2) On the same day, among the entire works of this case in the name of E, the following (hereinafter referred to as “the completion works for the instant Ddong”) is referred to as “the instant 2 works.”

A contract for the modification of a private construction project to be awarded to Defendant Sami General Construction in KRW 110,00,000 is referred to as “instant modification contract” and “the contract to be concluded by the Plaintiff under the name of E” is referred to as “the second modification contract.”

5) The Plaintiff was drafted respectively.