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(영문) 서울남부지방법원 2015.12.04 2012가합103579

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. and Jinyeong Construction Co., Ltd. jointly share KRW 171,468,050 and this.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant B entered into a contract for new construction of factories and a subcontract between Defendant B and Defendant Jinyeong Construction 1) The Plaintiff is a company engaged in the business of mating, manufacturing and selling, and one dormitory in the Gyeonggi-do E-si in Gwangju-si (hereinafter “instant factory”).

In order to conduct a new business by newly constructing and operating the factory, the instant contract for the new construction of the factory of this case (hereinafter referred to as the “new construction of this case”) between Defendant B on September 16, 201 with the following content, and the said contract is “the instant new construction contract”.

At the time, the Plaintiff and Defendant B entered into a subcontract on the whole of the instant new construction works with Defendant Jinyeong Construction on November 20, 201. At the time, the construction period from September 15, 201 to January 30, 2012, and the construction cost is KRW 1,540,000,000, including value-added tax. (2) At the time, Defendant B entered into a contract on the whole of the instant new construction works with Defendant Jinyeong Construction on November 20, 201. The construction period is from November 21, 2011 to February 29, 2012, the standard contract for the construction contract (Evidence A2) entered into between Defendant B and Defendant Jinyeong Construction as “the date of completion” but this appears to be a clerical error, and the construction cost is to be KRW 1,10,000,000, including value-added tax.

3) On February 26, 2012, the Plaintiff entered into an agreement on direct payment between Defendant B and Jinyeong Construction that the Plaintiff shall pay the construction cost directly to Defendant Jinyeong Construction. The Plaintiff agreed on the execution of funds related to new construction by mutual agreement between the Plaintiff and Defendant Jinyeong Construction. (B) On April 24, 2012, the Plaintiff entered into an extension contract between the Plaintiff and Defendant Jinyeong Construction with respect to the extension of factory, electrical construction contract between the Plaintiff and Defendant Jinyeong Construction, and between Defendant Jinyeong Construction, with the aim of extending the height of one factory among the instant factories.