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(영문) 서울고등법원 2017.04.04 2016나2057473
손해배상(기)
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is registered as a constructor under the Framework Act on the Construction Industry as a company that engages in construction, civil engineering, landscaping, etc.

The defendant is a person who operates the architectural design office and has a long-term relationship with C as the chairperson of the plaintiff.

B. The instant construction contract under the Plaintiff’s name 1) F is the Korea Non-U.S. E (hereinafter “E”).

(E) “Construction of New E Living and Lodging Facilities” (hereinafter “instant Construction”) for the purpose of constructing and operating accommodation facilities after a long-term lease of the said three parcels outside G in the net City of 1,000.

(2) Around May 2013, H entered into a contract for the instant construction project under the Plaintiff’s name with F (hereinafter “instant construction contract”) and entered into the contract as “H” in the contractor column.

C. On June 1, 2013, the Defendant issued a letter of instant construction contract to Skman C, and C created the name of H stating H as the Plaintiff’s employee. 2) On June 12, 2013, the Defendant: (a) on June 12, 2013, prepared a letter stating that “I will not cause any injury to the Plaintiff either intentionally or negligently while using and performing the Plaintiff’s employee identification; and (b) if the damage occurs, I will entirely take the Defendant’s responsibility for civil and criminal matters (hereinafter “each of the instant letters”).

Since H’s renunciation of construction and the conclusion of the instant construction contract, H commenced the instant construction work, and around August 2013, as the construction was interrupted due to the delayed payment of wages to subcontractors, around October 2013, D prepared a letter of intent to waive the instant construction work to the Defendant-friendly D. (2) On September 27, 2013, D could no longer proceed with H’s work with the Plaintiff’s employee reduction on September 27, 2013.

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