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(영문) 의정부지방법원 2020.11.11 2019가합56814
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a stock company with the objective of reinforced concrete construction business, civil engineering and construction business, etc. The Defendant is a stock company with the objective of building construction business and housing construction business. 2) The Defendant was awarded a contract from a stock company Co., Ltd. (hereinafter referred to as “stock company” in the name of each company) to construct “E,” which is a apartment house of 298 households, in the south-dong-gu Incheon City, Seoul. The Plaintiff received from the Defendant, on April 21, 2016, construction of reinforced concrete (construction cost of KRW 6,831,00,000), such as one construction section G-Hdong, neighborhood living facilities, the relevant parking lot, and the main entrance and exit of the relevant area, and on May 23, 2016, construction of reinforced concrete (construction cost of KRW 6,831,00,000,000,000,000,000,000 won of reinforced concrete among the above construction work.

(hereinafter referred to as the “instant construction,” in total, of the instant construction works for reinforced concrete of the said sections 1 and 2, and the contract between the original and the Defendant on the instant construction works was concluded (hereinafter referred to as the “instant subcontract”).

On December 14, 2016, the Plaintiff suspended the instant construction on the grounds that the Plaintiff did not pay for the completion payment. On December 15, 2016, the Plaintiff sent to the Plaintiff a letter stating that the instant subcontract was terminated, and that the said letter of public notice reached the Plaintiff on December 16, 2015. (2) On January 7, 2017, the Defendant entered into a subcontract with F for the portion of the instant construction work that the Plaintiff did not complete between F and F, with the payment for the construction cost of KRW 4,609,00,000, and the construction period of KRW 7, 2017, from January 7, 2017 to March 15, 2017. The F completed the subcontracted construction work on June 15, 2017.

C. 1 The Plaintiff, including the progress of the relevant case, is against the Defendant, the construction cost as to the part of the construction work of the instant construction as the Incheon District Court 2017Gahap5304 and the additional construction cost as to the said part, which is not included in the instant subcontract.

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