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(영문) 서울중앙지방법원 2015.10.16 2014가합583883
손해배상(건)
Text

1. The Plaintiff:

A. Defendant B and D are jointly and severally and severally 459,956,000 won and its related amount from May 14, 2013.

Reasons

1. Basic facts

A. 1) The Plaintiff is a person operating general architectural civil engineering works and mechanical design manufacturers with the trade name of “E.” (2) Defendant D is a person who, around August 2010, used the position of the president to establish the Defendant Company and operate the Defendant Company for the purpose of mining mining, mining, or deep-water processing sales business.

Defendant C was registered as the representative director of Defendant C from around the date of establishment of Defendant C’s company to December 28, 2010.

B. Conclusion of the instant construction contract

1. Name of construction work: F excavation work;

2. Construction site: Seocheon-gun in Gangwon-do;

3. Period: From September 6, 2010

5. Contract amount: Article 32 (Cancellation, etc. of Contract by Plaintiff) (1) In cases falling under any of the following subparagraphs, the Plaintiff may cancel or terminate all or part of the contract:

3. If the contract is terminated under Articles 31 and 32, the plaintiff and the defendant company shall, without delay, settle the construction amount of the completed portion if the contract is terminated under Articles 33 (Disposition at Time of Termination of the Contract) (1).

(2) If any loss has been incurred due to the rescission or termination of a contract under Articles 31 and 32, the other party may claim compensation therefor from the latter.

Article 39 (Matters under Special Agreement)

2. Basic excavation is three meters in width, three meters in length, and 80 meters in total. Additional amounts accompanying design changes are determined by agreement between the Plaintiff and the Defendant Company, and the construction is terminated if the construction is discontinued due to the circumstances of the Defendant Company. On September 6, 2010, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with regard to the F Excavation Work promoted by the Defendant Company (hereinafter “instant construction contract”) with the Defendant Company as follows.

C. The instant guarantee agreement.

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