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(영문) 수원지방법원 2017.09.21 2014가합72145
손해배상 등
Text

1. The Defendants jointly and severally against the Plaintiff KRW 317,835,248 and KRW 237,835,248 among them, Defendant B shall be jointly and severally liable to the Plaintiff on December 5, 2014.

Reasons

1. Basic facts

A. On May 2013, Nonparty D, the husband of the Plaintiff, concluded a remodeling construction contract with Defendant B and the Plaintiff, setting the construction cost of KRW 968,00,000 (including value-added tax) for the remodelling construction work of the building Osan City E (hereinafter “instant building”) owned by the Plaintiff and the Plaintiff (hereinafter “instant construction work”) as of KRW 968,00,000 (including value-added tax) and October 31, 2013 for the completion of the construction work.

B. Defendant B proposed that the Plaintiff and D would not become a party to the contract for construction because of the default of taxes, and the Defendant C, one of its own employees, would be the contractor upon acceptance of the contract. The Plaintiff and Defendant C concluded the same contract (hereinafter “instant contract”) with the same content as the said contract, except for the change of the scheduled completion date on November 15, 2013 to the Plaintiff on June 21, 2013.

Since then, Defendant B, as necessary to report the commencement of viewing to the Plaintiff, drafted a new contract with the same content as the instant contract, except that the completion completion date was changed to November 30, 2013 in the name of the Press Construction Co., Ltd. on June 25, 2013.

C. On September 15, 2013, the Defendants failed to pay the construction cost to the subcontractor of the instant construction project, and the subcontractor suspended construction on September 15, 2013, the Plaintiff received a construction performance note from the Defendants on September 17, 2013, stating that “I will proceed without suspending the construction by the time the construction is completed. I will be responsible for all the construction works in the event of nonperformance.”

Nevertheless, as the Defendants did not pay the construction cost again to the subcontractor, the subcontractor suspended construction on October 30, 2013, the Plaintiff promised on October 30, 2013 to take the responsibility and progress of the construction work from the Defendants and construction business operators until the completion of the said construction work.

In the event of the delay of construction work, construction and construction cost shall be paid.

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