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(영문) 서울동부지방법원 2017.06.16 2015가합108275
손해배상
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 29, 2012, the Plaintiff entered into a contract for the construction of the Eunpyeong-gu Seoul Metropolitan Government D Ground Building (hereinafter “instant building”) (hereinafter “instant construction”) (hereinafter “instant construction”).

C around December 2012, Defendant Thai L&C Co., Ltd. (hereinafter “Defendant Thai L&C”) subcontracted the instant construction to Defendant Thai L&C, and Defendant Thai L&C again subcontracted the instant construction to Defendant B.

B. On March 22, 2013, the Plaintiff paid the progress payment of KRW 150 million to C, but the Defendants received only KRW 90 million from C and did not receive the remainder payment from C, thereby suspending construction from May 15, 2013 thereafter.

C. On May 10, 2013, the Plaintiff requested for the resumption of construction at the time of directly paying KRW 30 million as part of the progress payment to Defendant Taeju L&C, a subcontractor. On May 15, 2013, the Plaintiff entered into a contract on the instant construction project (hereinafter “instant contract”). On May 15, 2013, the Plaintiff determined the construction cost as KRW 450 million and entered into a contract on the instant construction project (hereinafter “instant contract”).

As of May 15, 2013, which was the date of the instant contract, the Plaintiff and the Defendant Thai L&C agreed that the said Defendant paid KRW 120 million out of the construction cost as of May 15, 2013, by adding the construction cost to the construction cost that the said Defendant had already received from C and the Plaintiff (i.e., KRW 90 million).

Defendant Thai L&C again subcontracted the instant construction to Defendant B on the same day.

The Defendants completed the instant construction work on or around July 15, 2013, and the Plaintiff paid KRW 145,895,820 as the construction cost to Defendant Taeju F&C from the conclusion of the instant contract to August 26, 2013.

E. Defendant Taeju C&C was unable to pay the subcontract price to Defendant B, and on July 18, 2013, Defendant B was at least KRW 240 million out of the claim for the construction payment against the Plaintiff based on the instant contract.

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