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(영문) 인천지방법원 2020.11.11 2018가단17456
공사대금반환 및 손해배상
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,20,000 and 6% per annum from September 2, 2018 to November 11, 2020.

Reasons

Basic Facts

A. On June 12, 2017, the Plaintiff (former trade name: D; hereinafter “Plaintiff, regardless of whether before or after the mutual change was made”) was awarded a contract for the construction of a resident evacuation facility in Incheon, Incheon, the Incheon, E-gun.

B. On July 5, 2017, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with respect to reinforced concrete and wooden construction (hereinafter “instant construction”) among Defendant B and the said new construction (hereinafter “instant construction”). Defendant C, who was the said Defendant’s attached, jointly and severally guaranteed the Defendant B’s obligations under the said subcontract.

On the same day, the Plaintiff paid 15,000,000 won in advance to Defendant B.

The construction period: The construction amount from July 5, 2017 to August 4, 2017: 60,000,000 won (Advance payment of KRW 15,00,000) [the terms and conditions of a subcontract for construction] Article 7 of the Act provides that the defendant shall be in principle the terms and conditions of the construction project and may file a claim for payment with the plaintiff.

In principle, the payment of the completed portion shall be made monthly, but the reason for the delay in the payment of the completed portion by the owner of the building shall be the defendant and the construction shall be supported by the defendant and the construction shall be conducted smoothly.

Article 11 (2) The plaintiff may terminate the contract when the contract is due to delay, breach, or waiver of the contract due to the defendant's improper reason.

C. Defendant B commenced the instant construction work on July 6, 2017. Around July 24, 2017, Defendant B completed the instant construction work by building a basic concrete building, but suspended the instant construction work thereafter.

On August 9, 2017, the Plaintiff urged several occasions to perform the instant construction works, and notified Defendant B of the purport that “if the construction is not resumed by August 11, 2017, the instant subcontract will be rescinded.”

F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. 3 660,000 H. H. 1220,000 4 8880,000 580,000 J. 660,000 7 L. 360,000 860,000 M. 9 N. 14 2,50,000,0000 total 50,100,0000

E. Meanwhile, Defendant B entered in July 2017 as follows.

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