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(영문) 서울동부지방법원 2019.05.16 2018가합100906
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) The Plaintiff Co., Ltd. (hereinafter “Plaintiff A”) sold a seed pole (hereinafter “the instant artist”) to the Italy D (hereinafter “D”) on October 13, 2016, as a company engaged in the structure dismantling business, scrap metal wholesale business, equipment trade business, etc.

(2) The Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) concluded a contract with D on December 8, 2016 on the dissolution work of the instant cler, and performed dismantling work to load the instant cler.

(3) The Defendant, as a company engaged in the business of installing heavy machinery and civil engineering works and equipment leasing works at the domestic and overseas construction sites, was awarded a subcontract from E Co., Ltd. (hereinafter “E”) for installation of heavy machinery (hereinafter “instant construction”) at KRW 6,230,00,000, and was scheduled to perform construction works for about five months from March 1, 2017 to July 31, 2017.

(4) D is a company specializing in ging and transporting heavy equipment located in Italian. On May 19, 2016, among the instant construction works, D was ordered from the Defendant to carry out the instant construction works by subcontracting approximately KRW 1,530,000, in fact with the Defendant, “the construction of the instant construction works in question (including the preparation of design drawings of the ging method, the provision of equipment, such as 10 ging lines, such as the string of the string of the string, management and supervision of the assembly and installation of the string, and the dispatch of professional manpower).”

D from January 2017 to April 2017, 2017, the Defendant introduced equipment to be used in the instant construction to Busan and Ulsan (hereinafter “instant equipment”). The Defendant, along with D’s technicians, carried out the instant construction by using the instant equipment.

B. (1) On November 27, 2016, Plaintiff A transferred the ownership of the instant crane to D according to the above sales contract, and on March 4, 2017.

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