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(영문) 서울동부지방법원 2017.06.08 2015가합104198
손해배상(기)
Text

1. From May 30, 2015 to June 30, 2017, Defendant Square Co., Ltd., Ltd., and Defendant B, respectively, KRW 391,985,610 to the Plaintiff.

Reasons

Basic Facts

On July 17, 2009, the Plaintiff was awarded a contract with the Construction Headquarters of Gyeonggi-do to remove the Gu F which connects C with D interest and Gyeonggi E, to build the new F, “former F,” and then awarded a subcontract to the Sung F, Inc., Ltd. (hereinafter “SP”) on November 22, 2010, for the dismantling work during the said work.

On October 1, 2013, Sung Flon entered into a business agreement with Defendant A (hereinafter “Defendant A”) to entrust Defendant A with work related to the dismantling work of the former F, such as site construction, external selection, and management, etc., and Defendant A entered into a subcontract with Defendant B, who carries out construction work on the same day, with the trade name “G” (hereinafter “instant subcontract agreement”). Defendant A entered into a contract with Defendant B, who carries out construction work, etc., to transport the former F’s upper board, etc. demolished and removed in accordance with the said dismantling work, to the former F’s adjacent water wharf (a simplified wharf facility that is unloaded and unloaded by a small-sized vessel, such as a barge, etc.) (hereinafter “instant subcontract”).

On February 15, 2012, Defendant B drafted the “Contract for Use of Water Equipment” (AB No. 4; hereinafter “the instant contract for Use”) on behalf of the Korean Scene, when he leases the barge H (hereinafter “instant barge”) and the tugboat I (hereinafter “instant tugboat”) from Defendant Scenevia Co., Ltd. (hereinafter “Defendant Scene”) for work at the former F temporary site.

On October 2013, Defendant B, among the above, leased the instant tugboat from Defendant Square to Defendant Square, including the use relationship with the captain of the instant tugboat to J, and the instant barge to KRW 10 million per month, respectively. However, Defendant B made an oral agreement with the same content as the instant use agreement (hereinafter “instant lease agreement”).

Defendant B-.

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