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(영문) 서울동부지방법원 2017.07.07 2016가단110742
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 15, 2015, the Plaintiff: (a) determined on October 19, 2015, the construction cost of the construction work (hereinafter “instant construction work”) among B construction works; (b) KRW 270,80,000 as of the date of commencement; and (c) December 5, 2015 as of the date of completion; (d) KRW 10% of the defect repair deposit rate; and (e) KRW 3/1,00 of the liquidated damages rate; and (e) on November 9, 2015, the C construction work (hereinafter “instant construction work”) KRW 198,00,000 as of the construction cost; (c) on November 10, 2015; (d) on December 15, 2015, the date of completion; and (e) on December 15, 2015; and (e) on the construction price of the instant construction work, the Defendant issued a promissory note to the Plaintiff for the completion of construction work.

As to the instant C Corporation, a promissory note was issued in the same amount as the construction cost, and it is not clear whether the notarial deed regarding the C Corporation was prepared.

Each of the above Promissory Notes appears to be aimed at ensuring the performance of the construction and the performance of the defect repair of the pertinent construction.

From October 27, 2015 to December 20, 2015, the sum of KRW 11 billion was paid as the construction cost as above.

B. On December 24, 2015, the Defendant directly conducted the instant B Corporation’s input of parts and materials, and the instant C Corporation dispatched D to the same method, and consented to the payment of materials and labor expenses for each of the instant construction to the Plaintiff at the Plaintiff’s request, and did not raise any objection thereto.

(‘The instant non-performance agreement’) was prepared and provided to the Plaintiff with a written confirmation of the direct and non-performance agreement and verification, and the Corporation did not properly proceed as scheduled air, and the Plaintiff appears to have requested the Defendant to consent to the direct and non-performance agreement, and the details of the consent and verification are also indicated by the Plaintiff.

Since then, the Plaintiff directly paid the material and labor costs in each construction site of this case.

The instant B Corporation around January 15, 2016, and this.

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