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(영문) 창원지방법원진주지원 2020.11.03 2018가단31787
손해배상(기)
Text

Defendant C’s KRW 54,187,678 as well as its annual 5% from June 21, 2017 to November 3, 2020.

Reasons

1. Facts of recognition;

A. On June 20, 2017, the Plaintiff agreed with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to contract for multi-household housing remodeling (hereinafter “instant construction”) on the E-ground in Jinju to KRW 200 million. On July 7, 2017, the Plaintiff concluded a contract with the Plaintiff, setting the construction amount of KRW 220 million and the construction period from June 20, 2017 to September 20, 2017, on the condition that construction on the outer wall proxy should be added.

(hereinafter referred to as “instant contract”) b. by reference to each of the above contracts.

The Plaintiff paid the Defendant Company a total of KRW 50 million, KRW 50 million on June 20, 2017, KRW 50 million on July 7, 2017, KRW 20 million on July 25, 2017, and KRW 120 million on a total of KRW 100 million on the construction cost, and paid the remainder KRW 100 million after completion of the instant construction.

Contract amount: The balance paid at KRW 220 million: KRW 120 million: The payment date: after the completion date (determined on November 30, 2017), the Defendant C’s director director of the Defendant Company did not claim the remainder KRW 100 million to the Plaintiff, and did not claim the existing claim for the payment of the contract and the right of retention.

The subcontractor F agreed to complete the instant construction by November 30, 2017, the scheduled completion date, and the remaining 100 million won after completion may be claimed to the Plaintiff. The Plaintiff shall pay the construction price directly within the limit of KRW 100 million.

Defendant Company and F cannot claim the Plaintiff the additional construction cost in addition to the express agreement by document, and cannot claim the security right, such as the lien, or any other legal right.

6. After completion of the remainder of KRW 100 million for the instant construction project, the Defendant Company confirmed that the Plaintiff would not raise any objection to the payment to F, and at the same time, confirmed that any right as the contractor of the instant contract is waived.

C. Around October 2017, Defendant Company discontinued the instant construction work.

Accordingly, on November 3, 2017, the Plaintiff is as follows with Defendant Company, subcontractor F, etc.

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