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(영문) 서울중앙지방법원 2016.06.24 2015가단5298555
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) Company B, Defendant C, and D are jointly and severally liable for KRW 100,000,000 to the Plaintiff (Counterclaim Defendant).

Reasons

1. Determination as to the main claim

A. (1) The Plaintiff is the representative operating the “F Child Care Center” located in Eunpyeong-gu Seoul Metropolitan Government, and on April 10, 2014, the Plaintiff contracted the construction work of the F Child Care Center to the Non-Party Posian Co., Ltd. (hereinafter “Non-Party 1”) for the construction work of the F Child Care Center at KRW 456,00,000 and the construction period from April 201 to November 201 of the same year.

(2) After all, the Plaintiff agreed that the part of underground construction (including civil engineering and parking) was added to KRW 200,000,000 for construction cost on June 29, 2014, and KRW 35,000 for construction cost on August 6, 2014, and the non-party company commenced the instant construction work.

(3) However, the non-party company suspended the instant construction around October 2014, and the Defendant Company B (hereinafter “Defendant Company”) decided to take over the instant construction. The Plaintiff was between the Defendant Company and the Defendant Company on June 5, 2015, and the Defendant Company from June 5, 2015.

7. By December 25, 200, the part on the completion of the instant construction project was fully carried out, and the Plaintiff entered into a construction contract with the purport that the construction cost shall be paid to KRW 182,00,000 (hereinafter “instant construction contract”), Defendant C, and D jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff pursuant to the instant construction contract. The main contents of the instant construction contract are as follows.

Article 1 [Purpose of the Contract] The Plaintiff, with respect to the F Child Care Center Construction Work, shall place an order to the Defendant Company for the instant construction work, and the Defendant Company shall complete all the procedures for the completion and completion of the construction upon receipt of the order from the Posian community to transfer the construction work.

Article 5 [Contract Amount for Construction Work] Contract Amount: 182,00,000 won - The above contract amount for construction work shall include the installation cost of “Tongsung Electronic Type E-U.S. E-U. E-U.S.”

Article 6 [Unconditional Conditions] (1) Advance Payment: 30,000,000 won (2) When completion of interior interior interior interior interior interior interior decoration is completed: 20,000,000 won (3 beeras).

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