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(영문) 서울서부지방법원 2015.05.01 2014가단35269

공사대금 및 손해배상

Text

1. The Defendant: (a) KRW 4,350,000 to the Plaintiff (Appointed Party) and the Appointed C; and (b) from September 18, 2014 to May 1, 2015, respectively.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) and the Selected C (hereinafter “Plaintiffs”; the Plaintiffs asserted to the effect that they jointly hold claims against the Defendant against the designated parties C and the designated parties C, the husband of the “D” and the Plaintiff (Appointed Party), the field manager for the construction work, and the Defendant also asserted to the effect that the Plaintiffs jointly bear claims against the Defendant as joint operators of D. As such, the Plaintiffs asserted to the effect that they jointly assume the claims against the Defendant. Accordingly, under the premise that the Plaintiffs jointly assume the contractual status, the Plaintiffs agreed between the Defendant and the Defendant on August 7, 2013 regarding the payment of the Plaintiff’s subcontract amounting to KRW 528,00,00 (including construction cost) from August 7, 2013 to December 31, 2013, the construction work for the building of the YUK-si, the YU-si Industrial Complex was established according to the terms and conditions prescribed by the Defendant’s subcontract agreement.

(hereinafter referred to as the “instant subcontract”). The instant construction is composed of four storages, welfare clubs, customer2 waiting rooms, administrative Dongs, etc. among the Round LGLas factories.

B. From December 31, 2013, the Plaintiffs suspended the said construction without completing only part of the hazardous materials storage and welfare Dong construction during the instant construction work until December 31, 2013, which is the term for the instant subcontract.

C. After entering into an agreement on the settlement of accounts between the Defendant and the Defendant on the completed construction of the instant construction works, the Plaintiffs issued each tax invoice for KRW 17,754,00 on October 31, 2013, and KRW 14,278,00 on November 29, 2013 to the Defendant, respectively. The Plaintiff paid each of the above amounts on November 16, 2013 and December 16, 2013.

The Plaintiffs, around March 2014, completed by the Plaintiffs to the Defendant from the end of December 2013, 196, 199.