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(영문) 서울중앙지방법원 2020.08.14 2018가단5036451
구상금
Text

1. The Plaintiff, Defendant C, while Defendant C, from March 29, 2018 to August 14, 2020, with respect to the amount of KRW 168,792,90.

Reasons

1. Claim against Defendant C Co., Ltd.

A. 1) The Plaintiff is the Defendant C Co., Ltd. (hereinafter “Defendant C”) on May 2, 2017.

) the buildings and E (hereinafter referred to as “the buildings of this case”) are the buildings of this case.

3) Of the new construction works, steel and concrete construction works (hereinafter “the instant construction works”) are called the instant construction works.

As to the construction cost (excluding value-added tax) and the subcontract (hereinafter referred to as “instant subcontract”) determined from May 2, 2017 to September 30, 2017 with respect to the construction period (hereinafter referred to as “instant subcontract”)

(2) On the other hand, Defendant C was unable to complete the instant construction within the agreed construction period, and on October 31, 2017, the Plaintiff and Defendant C agreed to give up the said construction due to various problems that occurred in the course of carrying out the instant construction. Accordingly, Defendant C entered into an agreement with Defendant C to pay all outstanding amounts (all other outstanding amounts, such as type mold, reinforced concrete, human resources cost for human resources for human resources for human resource offices, steelworks, office of human resources cost for steel works, office of human resources, office of human resources cost for steel works, office of human resources, straws, etc.) incurred prior to October 30, 2017 among the instant construction works.

3) The Plaintiff repaid the total of KRW 30,580,00 in total, including labor cost for the instant construction project, KRW 132,932,90,00 in total, and rents for other workshops, and KRW 5,280,00 in total, and the cost of leasing pumps equipment (which shall be September 1, 2017 and October 2017) on behalf of the Defendant C. The Plaintiff paid KRW 5,280,00 in subrogation of the Defendant C. [In the absence of any dispute over the grounds for recognition, the entries in the evidence Nos. 4, 6, and 10, and 13, as a whole,

B. According to the above fact-finding on the ground of claim claim 1), Defendant C is obligated to pay the Plaintiff the total amount of KRW 168,792,900 (i.e., KRW 30,580,000, KRW 5,280,000) and damages for delay, barring special circumstances, to the Plaintiff (i.e., KRW 132,932,900). Defendant C’s judgment on the ground of set-off claim by Defendant C was completed up to the seventh floor of the instant building (the eighth floor) at the time when the instant construction was suspended, and at least 90% of the total process was completed.

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