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(영문) 인천지방법원 2018.10.16 2017가합53421
손해배상(기)
Text

1. The Defendants: (a) each Plaintiff KRW 258,635,730; and (b) Defendant B Co., Ltd. and D from April 27, 2017.

Reasons

1. Basic facts

A. The name of Defendant B Co., Ltd. (hereinafter “Defendant Company”) was “F Co., Ltd.” but its trade name was changed as of June 30, 2014. The name was changed as of June 30, 2014. Defendant C and D are companies established in order to engage in hot spring development business, etc. in the former North Korea Ewon-gun, and they have the position of the president and the managing director of the Defendant Company respectively.

The Plaintiff is a construction business operator who has consulted with Defendant C and D in order to be selected as a contractor of the facility related to the above hot spring development project of the Defendant Company (hereinafter “instant project”).

B. On February 16, 2014, Defendant C and D constructed hot spring bath and accommodation facilities for the instant project. At the entrance of the construction site for the instant project (hereinafter “instant construction project”), Defendant C and D installed a view of construction at the entrance of the construction site (hereinafter “instant construction”).

However, the construction permission that the Defendant Company acquired for the instant project was already cancelled on December 31, 2013.

C. On April 23, 2014, Defendant D told the Plaintiff at the construction site of the instant case, and agreed with Defendant C in advance, that “the Plaintiff would be able to enter into a subcontract on the face of KRW 56 million under the pretext of advance payment,” and Defendant C confirmed the Plaintiff’s proposal on May 15, 2014.

On May 7, 2014, the Plaintiff drafted an agreement on the civil engineering, reinforced concrete, and facility construction for the instant project with Defendant D, who was represented by the Defendant Company as its agent.

(hereinafter) The agreement entered into as above (hereinafter “instant agreement”). The main contents of the instant agreement include subsequent contract period for civil engineering, reinforced concrete, and facility construction to the Plaintiff, but the Plaintiff will pay in lieu of the Defendant Company the fences and temporary electricity construction cost executed by the third company for the instant project (the cost of KRW 25 million up to May 6, 2014, and KRW 32 million up to May 15, 201).

E. The Plaintiff is the Plaintiff.

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