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(영문) 부산지방법원 2019.08.28 2017가합49153
구상금
Text

1. Defendant B’s KRW 456,674,400 as well as 5% per annum from March 9, 2019 to August 28, 2019.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company that is engaged in civil engineering and construction business, with the objective of which, on December 12, 201, D Co., Ltd. (hereinafter “D”).

(D) from Ulsanbuk-gu E, Ulsan-gu, the factory of D(hereinafter referred to as “the factory of this case”) is called the factory of this case.

(1) The construction of the new construction (hereinafter referred to as “the construction of the instant case”)

The instant construction contract is subject to the instant construction contract with the content that the Plaintiff receives and supplies at the price of KRW 4,804,00,000 (excluding value-added tax) and the construction period from December 12, 201 to April 20, 2012 (hereinafter “the construction contract”).

(2) Defendant B is the designer of the instant construction project and the supervisor of the instant construction project, and Defendant C is the person indicated in the report on the commencement of the instant construction project as the supervisor.

3) Meanwhile, D is a company with the purpose of manufacturing ancillary parts for automobiles, etc. and F. (hereinafter “F”).

(4) G Co., Ltd. (hereinafter referred to as “G”) is a company with the purpose of manufacturing and selling automobile parts. The purpose of which is to manufacture and repair automobile parts. After the completion of the instant factory, F was to rent part of the instant factory from D and produce automobile parts, etc. from the instant factory.

B. A new construction of the instant plant and the occurrence of the instant accident (i) The Plaintiff increased the price of the instant construction project to KRW 5,704,000 (value-added tax separate) on September 12, 2012, on the grounds of the change of construction period due to design change, etc., after concluding the instant construction contract with D (hereinafter “instant construction contract”) and changed the construction period from December 12, 201 to September 3, 2012 (hereinafter “instant construction contract”).

(2) On December 29, 201, the Plaintiff concluded a contract with G for the steel frame (hereinafter “the instant steel frame”) of the instant construction (hereinafter “the instant steel frame”) for KRW 1,315,00,000 (excluding value-added tax) and for construction period from December 29, 201 to March 20, 2012.

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