(영문) 인천지방법원 2018.02.02 2017가단202110

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.02.02 2017가단202110

손해배상 등

Text

1. The Defendants are jointly and severally liable to Plaintiff A for KRW 17,420,00 and 5% per annum from January 4, 2018 to February 2, 2018.

Reasons

1. Basic facts

A. (i) On March 2, 2016, Plaintiff A entered into a contract for construction works with Defendant C Co., Ltd. (hereinafter referred to as Defendant Co., Ltd.) on the date scheduled for commencement with respect to “construction works for the entire house of the owner of the building located in Jung-gu Incheon Metropolitan City” as of July 15, 2016; November 15, 2016; contract amount of KRW 200 million; and housing size of KRW 132 square meters (40PY).

B) On July 15, 2016, and November 15, 2016, the scheduled date for commencement of the project, the contract amount of which is KRW 75 million, the construction area of housing 49.5 square meters (15PY) and the standard contract form for construction works between the Defendant Company and the Jung-gu, Incheon.

(hereinafter referred to as the “instant construction contract” in addition to the standard contract form for the above two construction works. 【Defendant D, the representative director of the Defendant Company, agreed to jointly and severally liable for the Defendant Company’s obligations against the Plaintiffs regarding the said construction works.

B. (1) Pursuant to the above construction contract, the Plaintiffs paid each of the KRW 27.5 million per contract to the Defendant Company and KRW 2.5 million on June 20, 2016, respectively.

However, as the defendant company failed to properly perform the construction work under the above contract, the plaintiffs filed a lawsuit against the defendants on August 29, 2016 as Incheon District Court 2016dan238235.

B. After the filing of the lawsuit, the Plaintiffs and the Defendant Company drafted a written agreement with the following contents on September 8, 2016 (referring to the attached agreement; hereinafter the same shall apply), and the Plaintiffs voluntarily withdrawn the lawsuit.

5. In the event of an action under the terms of agreement, the Defendant Company seeks to continue to undertake the construction of housing units for the said proposal of contract, and, on the basis of the contract executed on March 2, 2016, would add the following matters to this Agreement and undertake the agreement, subject to the terms of non-performance:

-special agreement -

1. The defendant company.

유사 판례

-인천지방법원부천지원 2017.05.31 2016가단111289

-대구지방법원 2017.06.23 2016가단123577

-서울중앙지방법원 2017.04.06 2016가단5123207

-부산지방법원동부지원 2017.10.19 2016가단207791

-대전지방법원홍성지원 2019.08.21 2019가단128