logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.05.15 2014가합4400
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The pertinent Plaintiff is a person running a building business, and Defendant C is the owner of the new building E with 14 units on the ground outside D/V parcels in netcheon-si, and Defendant C is the owner of the instant building (hereinafter “instant building”) and Defendant F is the agent of Defendant C.

B. Defendant B, on behalf of the Defendant C, entered into a contract for the instant construction project with Nonparty G Company on behalf of the Defendant C, and the Company subcontracted the instant construction project to H Company. On August 2013, the Plaintiff was sub-subcontracted by H Company a part of the instant construction project. 2) After the completion of the instant construction project, the instant G Company, H Company, and Plaintiff was suspended due to the completion of the instant construction project at the construction site.

C. 1) On November 2013, 201, Defendant B, representing the Plaintiff and Defendant C, entered into a contract under which the Plaintiff directly executes the remainder of the construction work during the instant construction work (hereinafter “instant construction contract”).

2) After November 11, 2013, the Plaintiff and Defendant C agreed on the construction schedule and set up the construction schedule (hereinafter “instant construction schedule”) and the main contents are as follows.

On November 12, 2013, the completion of the second upper floor, as of the schedule of the construction project, shall be completed on November 20, 2013 on December 10, 2013 - the completion of the third upper floor on November 20, 2013 - the completion of the 4 upper floor on December 10, 2013, the completion of the 4 upper floor on November 27, 2013 shall be made as a private material, and the construction materials shall be notified to the executive company two days before the date, if necessary.

- Other than natural disasters, the Plaintiff cannot postpone the schedule, and subject to the disposition specified in the agreement or contract at the time of its strict acceptance. 3) Under the instant construction contract, the Plaintiff resumed the construction from November 7, 2013. Defendant C paid KRW 15,00,000 to the Plaintiff via G Company on November 12, 2013, but the Plaintiff again suspended the construction. 4) Meanwhile, the Defendants are currently at present.

arrow