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(영문) 대구지방법원 2015.05.29 2013가합200616

손해배상(기)

Text

1. Defendant B shall pay to the Plaintiff (Counterclaim Defendant) KRW 693,774,250 and interest thereon from January 29, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On February 13, 2012, the Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) for the new construction works ordered by the Korea hydroelectric Power and Nuclear Power Co., Ltd. (hereinafter “instant original works”). On February 13, 2012, the Plaintiff entered into a contract with the Defendant A Co., Ltd. (hereinafter “Defendant A”) for the construction period of KRW 363,00,000, and the land construction subcontract (hereinafter “instant land construction contract”) with the period from February 13, 2012 to January 29, 2013. Defendant C jointly and severally guaranteed the Plaintiff’s debt owed by Defendant A under the subcontract.

B. From among the instant prime construction works, the Plaintiff entered into a subcontract for reinforced concrete construction works with the contract amount of KRW 1,030,000,000 on April 9, 2012 and the construction period of KRW 1,030,000 on the instant prime construction works (hereinafter “instant reinforced concrete construction contract”) from April 9, 2012 to October 31, 2012, and the subcontract form is written by Defendant A as the contractor and Defendant B as the joint and several sureties.

C. On February 23, 2012, Defendant A entered into a guarantee agreement (a guarantee amount:36,00,000 won) with the Defendant Specialized Construction Mutual Aid Association (hereinafter “Defendant A”) on the instant land construction agreement, and issued an advance payment guarantee agreement (a guarantee amount:74,061,920) on April 12, 2012, with respect to the instant land construction agreement on April 9, 2012, the contract for the instant reinforced concrete construction agreement (a guarantee amount:10,000,000 won), and on April 25, 2012, the advance payment guarantee agreement (a guarantee amount:20,000,000 won) was obtained from the Defendant Cooperative and issued to the Plaintiff.

On November 29, 2012, the Plaintiff urged Defendant A to perform the soil works and reinforced concrete construction works. On December 6, 2012, the Plaintiff notified Defendant A of the termination of the instant soil works and reinforced concrete construction contracts.

【Evidence Based on Recognition: Judgment based on Confession (Article 208(3)2 of the Civil Procedure Act) (Article 176,267,897 won compensation of damages of KRW 517,506,353 = Total 693,74,250 won) against Defendant A, C, and Partnership: The fact that there is no dispute over the said amount.