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(영문) 서울고등법원 2015.05.28 2014나39635
공사대금 및 손해배상청구
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 18, 2012, Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a contract for construction and machinery and equipment construction works from Echeon-si, N, etc. among G extension works from Echeon-si, a social welfare foundation.

The construction period under the original contract was until May 15, 2013, but was changed by May 10, 2013 through the revised contract as of May 10, 2013.

B. On June 10, 2013, Defendant Company entered into a contract with F Co., Ltd. (hereinafter “F”) stipulating that the term “instant construction works” (hereinafter “instant construction works”) shall be KRW 184,80,000 as contract price (including value-added tax) and the construction period shall be from June 11, 2013 to July 15, 2013.

C. As between F on July 15, 2013, the Defendant Company settled the construction cost of the instant construction project at KRW 77,616,00 at the time of termination of the contract, and among them, the remainder of KRW 40,656,00,00, excluding the down payment already paid, 36,960,000, was agreed to the effect that the Defendant Company directly pays to the transaction parties who participated in the instant construction project and actually executed the instant construction project at F’s request (hereinafter “instant settlement agreement”).

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, Eul evidence 1, 3, 12 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. Plaintiff 1) At the time of the instant settlement agreement, the Plaintiff agreed to succeed to the former F’s contractual status and perform the remainder of the instant construction project (hereinafter “instant succession agreement”).

(2) Defendant C jointly and severally guaranteed the obligation to pay construction price to the Plaintiff according to the instant succession agreement.

3. Accordingly, the Plaintiff continued the construction of this case, and there was an additional portion of the construction in the process, and eventually, the construction of this case.

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