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(영문) 서울고등법원(인천) 2020.10.30 2019나11812
손해배상(기)
Text

Of the judgment of the court of first instance, with respect to KRW 33,591,628 against the Plaintiff and KRW 154,474,023 among the Plaintiff, May 18, 2018.

Reasons

1. Basic facts

A. On August 12, 2015, the Plaintiff entered into a contract for construction work with the Plaintiff’s factory E and F in an industrial complex of Incheon, Incheon, with respect to the construction work of constructing a new business with the Plaintiff’s factory and indoor interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior (hereinafter “instant construction work”), on August 20, 2015 on the date of commencement of construction work (excluding value-added tax), on August 20, 2015 on the date of completion of construction work, on December 31, 2015, on the date of completion of construction work (i.e., G Dong production volume, and (ii) the completion of the occupancy in Hdong by February 20, 2016.

B. The Plaintiff was aware of the lack of the Defendant’s ability to perform construction works and considered the reversal of the said construction contract. However, upon the Defendant’s request for compensation for the construction cost that was paid in advance, on September 19, 2015, the Plaintiff concluded a contract for construction works with the International Stock Company to which the Defendant belongs (hereinafter “I”) and with respect to the instant construction works, stating “1,450,000 won for contract amount (excluding value-added tax),” on October 3, 2015, the date of commencement, October 3, 2015, and the date of completion (i.e., Gdong production) as of January 31, 2016, and (ii) as Hdong occupancy by March 30, 2016, and revoked the said contract for construction works by agreement upon receipt of the Defendant’s notice that it was an inferior company.

C. On November 3, 2015, the Plaintiff entered into a construction contract with C Co., Ltd. newly affiliated with the Defendant (hereinafter “C”) on the instant construction project (hereinafter “instant construction contract”) with the term “the contract amounting to KRW 1,250,000,000 (excluding value-added tax), November 3, 2015 on the date of commencement, the date of completion, ① the production of G Dong is the same as Gdong production by January 31, 2016, ② the completion of Hdong occupancy by March 30, 2016.”

The Plaintiff’s new construction factory under the instant construction contract was completed on December 23, 2016.

【Reasons for Recognition】 The descriptions of Evidence Nos. 1 through 3 and 7, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff added KRW 154,474,523 to the Defendant in excess of the contract amount of KRW 1,375,00,000 (including value-added tax) by means of the contract price for the instant construction project, direct payments for subcontracted payments, etc.

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