logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.06.27 2017가단201827
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in construction business, etc. under the trade name of “D,” and the Defendants have completed business registration under Defendant C’s name and completed construction works.

B. From the end of March 2016 to the end of April 2016, the Plaintiff contracted for construction of steel structure for factory use on the order of the J Corporation, the K Corporation, and the L Corporation’s total amount of KRW 285 million to the Defendants, each of which was awarded a contract for construction of steel structure for each plant use on the ground of Gwangju City, G, and Gwangju City’s ground, Gwangju City, and Gwangju City I (hereinafter “instant construction”).

C. By July 30, 2016, the Plaintiff paid 190 million won to the Defendants, and paid on behalf of the Defendants the amount equivalent to 60 million won for the material cost, such as the beam beam of a steel structure.

On July 30, 2016, the Plaintiff is Defendant B and C.

In addition to 250 million won already paid, as stated in the foregoing paragraph, a written confirmation stating that “the construction is completed by August 15, 2016 at the time of additional assistance of KRW 10 million, and if this is delayed, additional assistance of KRW 10 million shall be null and void. The terms and conditions of approval shall be paid at the time of completion of the construction after payment of KRW 15 million on July 30, 2016.”

E. The Defendants renounced all of the above construction works on July 31, 2016.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, partial entry of Gap 6 evidence, purport of whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff directly completed the remainder of the construction work by suspending each of the above construction work while the Plaintiff’s Defendants continued the process of approximately KRW 70% on July 31, 2016.

The Defendants did not perform their respective construction performance obligations as subcontracted by the Plaintiff, thereby causing the following losses to the Plaintiff.

① In other words, the Plaintiff spent 65,440,000 won in total for each of the above construction costs, and the Plaintiff bears the obligation to pay 16 million won out of the labor cost.

② The Plaintiff was not paid KRW 10 million from the owner of the J construction due to the delay in the construction work.

③ The Plaintiff does not perform any other work from August 1, 2016 to January 1, 2017.

arrow