손해배상 청구의 소
1. The Defendant’s KRW 7,825,00 for the Plaintiff and KRW 5% per annum from April 7, 2015 to November 25, 2015.
The summary of the case is that the plaintiff (contractor) seeks compensation or return of unjust enrichment due to the determination of unfair subcontract price, the purchase of unsold apartment units, the coercion of payment in kind, the forced disposal of official duties, the coercion of construction, etc. against the defendant (subcontract).
On September 9, 2009, the Plaintiff entered into a subcontract with the Defendant and C New Construction (hereinafter referred to as the “instant subcontract agreement”) with respect to the construction work of reinforced concrete (two sections) from September 1, 2009 to April 30, 2012, with respect to the construction work period of KRW 686,00,000, and the construction period of KRW 686,000,000, and the construction period of KRW 10,880,659,000 for the construction work of reinforced concrete (two sections) from September 1, 2009 to April 30, 2012.
The representative director D of the Plaintiff jointly and severally guaranteed the obligation of the Plaintiff to the Defendant under the said subcontract. The subcontract, supply (in addition, increase and decrease) modification contract (1)
7. Grounds for Change: A special clause on the statement of change in a modified contract based on the reflection of the requirements of the plaintiff: A contract that reflects the requirements of the plaintiff;
2. A proposal for handling costs incurred in performing official duties (0.8.8 billion won).
3.Consultations at the time of the settlement of quantities, on steel-frames (1.4.6 billion won), dies (1.7.5 billion won), iron bars (1.7.5 billion won), ready-mixeds shall be included in the settlement of amounts, and on the settlement of amounts of molds;
Agreements
1. The Plaintiff’s duty to perform construction works (1) The Plaintiff shall faithfully perform and complete the entire construction works of this case by April 30, 2011.
② By June 7, 2011, the Plaintiff shall complete the construction project up to 22 floors of each “E subcontracted project” with 50% of the completion of the construction project and the total progress rate. By November 30, 2011, the Plaintiff shall faithfully perform and complete the entire “E subcontracted project.”
2. The Defendant’s payment: (a) On January 26, 201, on condition that the Plaintiff faithfully performed its obligation to perform the construction works as set forth in the foregoing 1, the Defendant shall pay gold KRW 500,000,000 to the Plaintiff.
② The Plaintiff shall carry out the instant construction and the E-subcontract after entering into this Agreement.