logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2018.08.16 2015가단3421
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On July 22, 2010, the Korea Rural Community Corporation contracted construction work at KRW 3,000,000 (hereinafter “instant construction work”) with Defendant C Co., Ltd. (hereinafter “C”), E Co., Ltd., F Co., Ltd., G Co., Ltd., and H as joint contractors.

B. On July 26, 2012, Defendant C entered into a contract with Defendant D Co., Ltd. (hereinafter “D”) to be supplied with KRW 12,500 per cubic meter of the instant construction project with earth and sand to be required for the instant construction project.

(hereinafter “instant contract”). (c)

On May 22, 2013, Defendant D entered into a contract with Plaintiff A (which is not a separate legal entity, JJ’s representative director A) and the construction period from May 30, 2013 to May 30, 2013 to be provided with soil and sand at KRW 11,000 in cubic metres, volume, 30,000 in cubic metres, the unit price of which is 30,000 cubic metres.

(hereinafter “instant subcontract”). Article 11 of the instant subcontract provides, “If the delivery is not carried out after the conclusion of the instant subcontract, this contract shall be cancelled and Defendant D shall be legally responsible.” Article 12 provides, “The date for repayment of loans in accordance with Article 11 shall be immediately repaid in an amount not exceeding twice the fixed date after the consultation is reached, and this contract shall be automatically null and void.”

On May 22, 2013, Defendant D made a loan receipt to the Plaintiff that “I shall deposit KRW KRW 00 million per day of the daily payment of KRW 10 million as of May 22, 2013, and deposit KRW 00,000 per day to Defendant D by July 30, 2013, and Defendant D shall pay the above amount to the Plaintiff A by December 20, 2013.” The Plaintiff B (the representative of J A) drafted the loan receipt to the Defendant D with respect to the instant subcontract at that time, and if the amount of the loan is not deposited into Defendant D’s account as of May 22, 2013, the instant subcontract and the receipt for the loan.

arrow