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(영문) 서울중앙지방법원 2016.04.15 2014가합545713
손해배상(기)
Text

1. The Defendant’s KRW 67,325,905 as well as the Plaintiff’s annual rate from June 20, 2014 to April 15, 2016, and the following.

Reasons

1. Facts of recognition;

A. On November 9, 2006, the Plaintiff, the Defendant, and the U.S. Construction Industry Co., Ltd. (hereinafter “the instant construction contract”) concluded a construction contract (hereinafter “the instant construction contract”) with the Korea Land and Housing Corporation by setting the construction cost for the Jeju Sejong District Housing Corporation (hereinafter “instant construction project”) as KRW 17,05,115,90 for the construction cost from November 13, 2006 to July 12, 2009.

At the time, the share ratio by members of the instant joint contractors was 40% by the Plaintiff, the non-party company, and 20% by the Defendant.

B. The conclusion of the contract of this case, however, upon the non-party company's non-party company's withdrawal from the contracting body of this case due to the bankruptcy, the plaintiff and the defendant, the member of the contracting body of this case, entered into an agreement on October 16, 2008, which confirmed the remaining performance of the construction project of this case and the share ratio and share amount of the construction cost (hereinafter "the agreement of this case"). The main contents are as follows

Article 2 (Liability) (1) For the prompt and smooth performance of construction works and the efficiency of rental business, the Plaintiff shall delegate his/her authority and responsibility according to the Plaintiff’s investment ratio to the Defendant, and the Defendant shall have the authority to plan, manage, coordinate, etc

② The Defendant may not raise any objection to the appointment of an on-site agent designated by the Plaintiff’s employee, and the additional input of the Plaintiff’s employee shall be decided by mutual consultation, depending on the conditions of the site.

All expenses, such as wages, bonuses, etc. for field agents and additional inputs, shall be reflected in the construction cost.

(3) The authority over the overall operation of the site shall be held by the defendant, and the Corporation shall efficiently perform the construction works when such authority is delayed in handling orders, civil petitions, etc. given by the ordering authority and relevant agencies.

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