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(영문) 광주지방법원 목포지원 2018.10.26 2018가합10390
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. around 2014, C Co., Ltd. (hereinafter “C”) awarded a contract to “E Creation Corporation” (hereinafter “instant Corporation”) to D (hereinafter “D”) and D same year.

7.2. Around 2.0, the Plaintiff (F Co., Ltd.) subcontracted the civil engineering work of this case to the Plaintiff (F Co., Ltd.) at KRW 12.1 billion.

B. Around May 2015, D renounced the instant construction, and C subsequently contracted the instant construction to G Co., Ltd. (hereinafter “G”).

C. Since then, on May 17, 2016, the Plaintiff accepted a subcontract for civil engineering works among the instant construction works in KRW 10,867,128,437, and the Defendant was also awarded a subcontract for electrical construction works among the instant construction works in KRW 2,579,294,901 from G on the same day.

On May 18, 2016, the Plaintiff and the Defendant concluded a joint supply and demand agreement that constitutes a joint supply and demand organization with respect to the acceptance of a subcontract for civil works and electrical works among the instant construction works.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 8, and 9, the purport of the whole pleading

2. The Plaintiff’s assertion sought a subcontract for the instant construction works and electrical construction works among the instant construction works from G, and agreed with G and the instant construction costs of KRW 2,259,00,000,00. However, due to the Plaintiff’s refusal to subcontract in a lump sum with G, the Plaintiff decided to perform subcontracted construction works by concluding a contract with G and joint contractors for electrical construction works, respectively. The Defendant, which was known to him in the process, received a written estimate of KRW 1,88,620,798 for the said electrical construction costs from the Defendant.

Accordingly, on April 4, 2016, the Plaintiff and the Defendant conducted consultations with G on the formation of a joint supply and demand organization. The Defendant directly concluded a subcontract for electrical construction with G, but the Defendant is 370,379,202 won (=2,259,000,000 - 1,888,620,798 won), which is the difference between the cost of electrical construction and the estimate for electrical construction submitted by the Defendant.

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