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(영문) 서울동부지방법원 2015.07.21 2014가단105708

손해배상(기)

Text

1. The Plaintiff:

A. Defendant A’s KRW 55,181,528 and KRW 49,911,528 among them shall be KRW 55,91,528 from March 28, 2014; KRW 5,270,000.

Reasons

1. Facts of recognition;

A. On November 1, 2013, the Plaintiff awarded a subcontract for the construction cost of the EHP heating and cooling work (hereinafter “instant construction work”) to the Defendant A engaged in the business of installing air conditioners and wholesale and retailing. On November 1, 2013, the Plaintiff: (a) the construction cost of the EHP heating and cooling work (hereinafter “instant construction work”) was KRW 132 million; and (b) the construction period was from November 1, 2013 to January 19, 2014; and (c) the main contents of the instant construction contract were as follows.

Article 1. The plaintiff and the defendant A enter into a contract for construction subcontracted works as follows and implement it in good faith:

Article 8 (Supply of Goods) (1) The delivery time of goods to be paid by the Plaintiff under a contract shall not hinder any construction work under the schedule of scheduled processes, and the delivery place shall be the construction site unless otherwise specified in the specifications.

(2) The ownership of goods paid pursuant to paragraph (1) shall belong to the Plaintiff and the goods brought into a construction site shall not be arbitrarily transferred without the written consent of the Plaintiff.

(3) When the goods paid under paragraph (1) have been destroyed or damaged, the defendant A shall be liable therefor.

Article 9 (Representative at Site) (1) Defendant A shall appoint a field manager who is a field manager and assign him/her to a fixed site manager and ensure on-site management so as not to cause damage to the personnel management for resident personnel and the images of the Gu, and Defendant A shall be fully responsible for acts contrary to corporate interests.

(2) No on-site agent shall concurrently hold office as another on-site during the execution date, and upon replacement, the defendant A shall immediately notify the site agent thereof and re-appoint an on-site agent.

B. Pursuant to Article 8 of the instant construction contract, the Plaintiff supplied Defendant A with 228 air conditioners and 24 air conditioners necessary at the construction site of this case.

C. From November 7, 2013 to December 19, 2013, the Plaintiff paid the Defendant A the total amount of KRW 34 million as construction price.