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(영문) 서울중앙지방법원 2012.11.01 2012가합13335
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the claim of Plaintiff A (hereinafter “Plaintiff A”)

A. On August 16, 201, Plaintiff A asserted that Plaintiff A participated in the “road room and mechanical room damage and restoration work due to flood,” on the Gangnam-gu Seoul Metropolitan Government C Building (hereinafter “instant building”) where the Defendant C Building Management Body (hereinafter “Defendant management body”) was proceeding, and bided for the said construction work to KRW 313,00,000 (excluding value-added tax) and entered into a contract for construction work with Defendant management body on September 6, 201.

Plaintiff

A has subscribed to a contract through a bid for a construction contract, and on September 6, 201, at the H office located within the building of this case, the opening of the contract was made in the presence of Defendant D, Defendant E, Defendant G, etc., and the contract was made by obtaining a successful bid in the construction cost of KRW 313,00,000 (value-added tax separate) and the contract was concluded by the Plaintiff, and the contract was made after preparing a written contract for the construction work (Evidence 2) and submitting it to the manufacturing process table and continuing the construction work.

Plaintiff

A directly carried out all emergency works related to B-4 floors transformation rooms, cable inspection project such as removal, tent removal, and all underground parking lot electric lights and buildings, but the construction was suspended upon notification of the unilateral rescission of the contract by the defendant management body.

Plaintiff

A and 230,00,000 won under a contract to manufacture, supply, and install all of the instant building and distribution teams of KRW 80,058,00. The Defendant management body was liable to compensate the Plaintiff for damages of KRW 104,878,90,00 in total, since it was impossible to obtain the benefits of KRW 24,820,90 when the instant construction was continued due to the unilateral termination of contract by the Defendant management body. The Defendant management body was liable to compensate the Plaintiff for damages of KRW 104,878,90 in total.

Defendant D, E, F, and G will pay the construction cost jointly with the Defendant management body.

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