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(영문) 창원지방법원 2019.03.21 2017가단117001

손해배상(건)

Text

1. The Defendant (Counterclaim Plaintiff) C: (a) KRW 1,734,413 against the Plaintiff (Counterclaim Defendant) and its related amount from November 7, 2017 to March 21, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The pertinent Plaintiff is an individual entrepreneur who engages in interior work with the trade name of “E”.

Defendant C is an individual entrepreneur who sells electricity materials, etc. and conducts related construction business in the trade name of “F.”

Defendant D is an individual entrepreneur who sells lighting fixtures, etc. under the trade name of “G.”

B. (1) Around August 8, 2017, the Plaintiff was awarded a contract for remodeling construction works of building outer walls (including interior works) from L operating an agency of “K” in the H, I, and J of Kimhae-si to KRW 29 million for the construction cost (including value added tax) and from August 10, 2017 to August 30, 2017 for the construction period. (2) The Plaintiff decided to construct E on L and the outer wall of the building.

The E-construction works are carried out in the way of attaching E after carrying out ELD lighting work on the outer wall of the building and attaching E above.

At night, ELD lighting is a construction project to obtain publicity effects of workplaces through E using light.

According to the estimates prepared by the Plaintiff at the time of entering into a contract with L, the construction cost of the E-construction portion is calculated as the total of KRW 50 million, including KRW 45 million, and KRW 8 million, as well as KRW 53 million.

3) The Plaintiff subcontracted the lighting work among the remodeling work on the outer wall of the above building to Defendant C in the amount of KRW 6,263,00. 4) The Plaintiff demanded the Defendant C to use ELD products produced by M Co., Ltd. (hereinafter “M”) for follow-up management, etc., and the Defendant C purchased the products requested by the Plaintiff from Defendant D and ordered the lighting work.

C. Defendant C’s reconstruction 1) purchased ELDDr 4,00, 15, etc., and completed lighting construction around July 8, 2017. Upon the completion of the construction work by Defendant C, the Plaintiff completed the construction work to attach E (the date of preparation of a contract agreement between the Plaintiff and L). The date of preparation of the contract agreement between the Plaintiff and L is or actually around August 8, 2017.