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(영문) 제주지방법원 2016.07.05 2015가단10249

손해배상

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 30, 2009, the Defendant A Co., Ltd. (hereinafter “Defendant A”) that is a juristic person with the aim of an engineering work, etc. and a juristic person with earth work, etc., entered into a contract with Jeju Special Self-Governing Province and the “C Urban Development Infrastructure Corporation” (hereinafter “instant First Corporation”) with the construction cost of KRW 17,808,832,00, and the construction period of KRW 6,40 from April 6, 2009 to August 5, 2012, concluded a joint supply and demand agreement and implemented the said construction work on April 21, 2010.

B. On June 25, 2010, the Plaintiff, Defendant A, and Ssung Electric Co., Ltd. concluded a contract with the Korea Electric Power Corporation to jointly perform the construction work by setting the construction cost of KRW 1,056,615,00 with the Korea Electric Power Corporation and the Korea Electric Power Corporation at the site (hereinafter “instant Second Corporation”) as the construction cost of KRW 1,056,615,000, and concluded a joint supply and demand agreement on August 18, 2010 and implemented the said construction.

C. Defendant A filed a lawsuit against the Plaintiff on August 8, 2013, seeking the payment of the settlement amount of KRW 1,442,654,865 related to the instant construction project, as the dispute arises with respect to the settlement of the Plaintiff and the construction cost, and the damages for delay (hereinafter “instant lawsuit”) related to the instant construction project, and the lawsuit seeking the payment of KRW 112,919,517 related to the instant secondary construction project (Ulsan District Court 2013Gahap5684, hereinafter “instant lawsuit”), and the lawsuit seeking the payment of the settlement amount of KRW 112,919,517 related to the instant secondary construction project and the damages for delay (hereinafter “instant lawsuit”).

Defendant A shall regard the claim for the settlement of accounts related to the instant First Corporation as the claim for the payment of KRW 1,434,637,446 against the Plaintiff on August 8, 2013 (Ulsan District Court 2013Kahap588), ② on August 8, 2013, the claim for the payment of the construction cost of KRW 748,637,446 against the Plaintiff’s Jeju Special Self-Governing Province (Ulsan District Court 2013Kahap589), ③ September 3, 2013.