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(영문) 서울중앙지방법원 2015.03.31 2014가단21173
손해배상등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On March 4, 2013, Plaintiff A gave each contract to the Defendant for construction of five multi-family houses and two neighborhood living facilities (hereinafter “C Corporation”), around March 20, 2013, the construction of five-story buildings on the Dongjak-gu Seoul Metropolitan Government D ground (hereinafter “D Corporation”), and around July 26, 2013, the construction of five-story buildings on the Gangnam-gu Seoul Metropolitan Government ground (hereinafter “E Corporation”).

B. On September 24, 2013, Plaintiff B awarded a contract to the Defendant for the construction of a three-story building on the ground of Seongdong-gu Seoul Seongdong-gu Seoul (hereinafter “F Corporation”).

C. The plaintiffs and the defendant agreed on the settlement of balance with respect to C and D, E and F with respect to E and F, but they did not reach an agreement.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 through 4, entry of Eul evidence 1 through 4, purport of whole pleadings

2. Judgment on Plaintiff A’s assertion

A. The purport of the assertion is that the Defendant agreed to refund the warranty bond of KRW 10 million to the Plaintiff in relation to C Corporation, and the remainder that the Plaintiff paid to the Defendant in relation to D Corporation is KRW 32,662,480, and the Plaintiff paid in excess of KRW 50 million to the Defendant in relation to E Corporation, and the Defendant shall pay the Plaintiff KRW 27,337,520 ( KRW 10,000,000 - KRW 32,62,480, KRW 50,000) and delay damages therefor.

B. As seen earlier, the fact that the Plaintiff and the Defendant concluded a contract for the work related to C, D, and E are as follows, but the Defendant agreed with the Plaintiff A to refund the defective performance bond to the Plaintiff.

Since there is no evidence that the plaintiff A paid excessive construction costs to the defendant with respect to E works, the plaintiff A's assertion is without merit without further review.

3. Judgment on Plaintiff B’s assertion

A. The plaintiff B paid construction expenses to the defendant with respect to F Corporation, and the plaintiff B paid 10 million won to the defendant.

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