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(영문) 수원지방법원 안양지원 2018.02.08 2015가합712
공사대금반환
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 264,714,156 and Defendant C with respect thereto from March 25, 2015, and Defendant B.

Reasons

1. Facts of recognition;

A. The plaintiff is a company established for information and communications construction business and electrical construction business, and the defendant A is a person who runs construction business and interior construction business in the trade name of D, and the defendant B was a person who operated D together with the defendant A.

B. On February 7, 2013, the Plaintiff subcontracted 30% of the “E Business Telecommunications Corporation” to the 2,250,000,000 won (excluding value-added tax) in the construction amount to the Sungwon Information and Communications Co., Ltd. (hereinafter “Mawon Information and Communications”) on February 28, 2013.

C. On February 28, 2013, Sungwon Information and Communications Technology awarded sub-subcontracts to Defendant A with the portion of the instant telecommunications construction work as KRW 1,806,00,000 (value-added tax separate).

Since then, the Plaintiff terminated the subcontract between the Sungwon Information and Communications Technology, and Defendant A also terminated the contract with the Sungwon Information and Communications Technology. Defendant A agreed to succeed to the terms and conditions of the contract between the Plaintiff and Sungwon Information and Communications Technology as it is. On August 27, 2013, the Plaintiff re-subcontracted Defendant A with the total construction cost of 2,250,000,000 won (excluding value-added tax) for the telecommunications pipeline line and cable installation works (hereinafter “instant construction”).

(hereinafter the above sub-subcontract is referred to as the “instant contract”). (e)

Defendant B and C prepared a letter of performance that they are jointly and severally and severally liable for the settlement of all problems arising in the process of performing and executing the responsibility of the instant construction project by Defendant A.

(f) The cost of the construction work that the Plaintiff paid to Defendant A in connection with the instant construction work is KRW 574,121,705, including the fact that he/she succeeded to the receipt of the sex information and communications technology.

G. Defendant A had undertaken construction until February 26, 2014.

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