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(영문) 인천지방법원부천지원 2016.07.20 2015가합102308
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of manufacturing and selling general machinery. The Defendant is a company with the objective of designing, installing, testing, and cleaning air-conditioning devices and ventilation devices, which is ① C Corporation, ② D Corporation, ③ Original contractor of E Corporation.

B. Around September 24, 2013, the Defendant issued a blanket subcontract for construction work to FF Co., Ltd. (hereinafter “F Co., Ltd.). However, F Co., Ltd. waived the construction work, and the Defendant paid F Co., Ltd. (hereinafter “F Co., Ltd.”) KRW 850,00,000,00. (2) Nonparty G, who was working for F Co., Ltd. as the president of Seoul Branch, acquired H Co., Ltd. (hereinafter “H”), and H around April 16, 2014, the Defendant succeeded to the construction work at KRW 30,00,000 (hereinafter “C”) with the contract amount and completed the construction work at KRW 30,00,00,000 without any additional amount, and the Defendant submitted a construction performance statement stating that “A Co., Ltd. shall be responsible for the entire defect and to handle the defect during the period of performing the construction work.”

3) On April 21, 2014, the Defendant set the contract amount to H as KRW 3,490,00,000, and set the contract amount to KRW 3,490,00,00, and entered into a blanket subcontract for the construction, and KRW 1,2,3, G was in the position of “representative director,” and KRW 1 was performing each of the above construction while performing its activities with the name of “H’s work.” However, H had difficulties in carrying out the construction, such as delaying the provision of on-site materials and workers, the supply of materials, and the payment of wages to workers. (4) G and the Plaintiff discontinued each of the above construction around August 12, 2014, around August 12, 2014.

Our contractor shall succeed to the whole construction of the air (HVAC) due to the waiver of the contract by the contractor B and the contractor B.

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