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(영문) 부산고등법원(창원) 2015.01.29 2013나1245

약정금

Text

1. The part of the judgment of the court of first instance concerning the Defendants is modified as follows. A.

Defendant C Co., Ltd. shall be co-defendant in the first instance trial.

Reasons

1. Basic facts

A. On May 9, 2009, Defendant B entered into a contract with the Plaintiff on May 9, 2009, between the Plaintiff and Defendant B entering into a contract with the Plaintiff to contract for the “civil engineering works among the new factory construction works” as the “F and four parcels outside the Hanam-gun, Hanam-gun,” the construction cost “2,025,584,000 won (including value added tax)” and the “B-built factory construction works” as the “B-built factory construction works,” and between the Plaintiff and the non-party G Co., Ltd. (hereinafter “G”), the contract was concluded between Defendant B and the Plaintiff for the construction work site “F and four parcels outside the Hanam-gun, Hanam-gun,” the construction cost “2,150,000,000 won (excluding value added tax),” and the “B-built factory construction works” as “ August 31, 2009.”

The Plaintiff and G have jointly and severally guaranteed the contractor’s obligations under each of the above contracts.

(A) Evidence No. 11-1, A No. 18-1, B.

When the construction was delayed due to the additional purchase of the project site and the modification of the design while the Plaintiff was performing the contracted civil construction works, the Plaintiff entered into a contract with Defendant B on October 24, 2009 by changing the scheduled completion date of construction works into “No. 17, 2010.” ② On January 7, 2010, the Plaintiff succeeded to the status of the contractor as of January 7, 2010 with Defendant C (hereinafter “Co., Ltd.”) who succeeded to the status of the contractor as of January 7, 2010, and entered into a contract with Defendant C (hereinafter “C”), the construction cost as “1,628,000,000 won,” and the name of the construction work as “(D) civil construction works.”

G In addition, the contract was concluded between Defendant C to reduce the construction cost to KRW 1,452,00,000.

(No. 3-1, A-4, A-18-1). (c)

After that, Defendant C demanded the Plaintiff and G to reduce the construction cost due to financial difficulties, and the Plaintiff and G did not follow the direction of the construction resumption and the payment for the completed portion on March 30, 2010.

Accordingly, around May 24, 2010, the Plaintiff filed against the Defendants for the compensation for losses incurred by dumping construction works, including KRW 121,825,153, and KRW 308,00,000, based on nonperformance.