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(영문) 부산지방법원 2014.06.19 2012가합17724
손해배상(기)
Text

1. Defendant A’s KRW 58,524,842 as well as 5% per annum from March 14, 2014 to June 19, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The status of the party is a company with the objective of indoor construction business, etc., and Defendant A is the representative director of Defendant B (hereinafter “Defendant Company”) with the objective of interior construction business, etc.

B. The Plaintiff entered into the instant construction contract with Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”) awarded contract for the part of the interior decoration construction (hereinafter “the instant construction”) among the Kachite New Construction Co., Ltd. located in 885-18, the contract amount of KRW 2,704,821,300.

On August 16, 2010, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with Defendant A to the effect that the instant construction project was to be subcontracted once a month by determining that the contract amount of KRW 2,240,000,000 (excluding value-added tax), the construction period was to be extended on August 16, 2010; the construction period was to be extended on October 30, 201; and the progress payment was to be paid once a month.

C. According to the Plaintiff’s notification of cancellation of the construction contract and completion of the construction work (1) the Plaintiff paid the payment for the construction work directly to the Defendant A or the Defendant Company, or the delivery company employed by the Defendant A or ordered to pay the payment for the completed portion by means of direct wage or price of supply.

(2) On the ground that Defendant A was unable to receive timely payments from the Plaintiff, the Plaintiff requested the resumption of construction on September 201, and the Plaintiff requested the resumption of construction. However, Defendant A did not pay progress payments and did not perform the instant construction.

On October 31, 2011, the Plaintiff sent to Defendant A a certificate of content to the effect that the instant construction contract will be cancelled on the grounds of the discontinuance of construction works, etc., and around that time, the Plaintiff reached the above content certification. After that time, the Plaintiff sent a certificate of content to the same effect on November 14, 2011, and thereafter reached the above content certification.

(3) After March 2012, the Plaintiff completed the instant construction at its own expense.

Defendant A, in the course of the relevant lawsuit, shall be July 30, 2012.

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