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(영문) 서울중앙지방법원 2015.05.21 2013가합526869
손해배상(기)
Text

1. The plaintiff

A. The Defendant (Counterclaim Plaintiff) Shipping Co., Ltd. and Defendant DiveOex Co., Ltd. are jointly and severally 1.

Reasons

Basic Facts

The Plaintiff entered into the instant subcontract, etc., even though the Plaintiff subcontracted construction works for machinery and equipment and fire-fighting works (hereinafter “instant construction works”) to Modon-ro, Inc., Ltd. among the construction works for the construction of the building of the 21st Blull apartment (hereinafter “new construction works”) on the 2673-4 ground in Yangsan-si, Yangsan-si, Yangsan-si, the construction works were not properly carried out, but the contract was reversed.

On June 22, 2012, the Plaintiff entered into a subcontract for construction works (hereinafter referred to as the “instant subcontract”) with Defendant Shipping Co., Ltd. (hereinafter referred to as the “Defendant Shipping Co., Ltd.”) with the terms that the instant construction works will be subcontracted by fixing the contract price of KRW 13,510,000,000 (including value-added tax) and the period from June 22, 2012 to April 30, 2014; “one-month payment; cash payment within 60 days from the date of receipt of the object”; contract deposit; one,351,00,000,000 won; and “0.3% of the contract price per day delay” (hereinafter referred to as “instant subcontract”).

At the time of the conclusion of the instant subcontract, Defendant Shipping agreed to take over the labor cost and material cost of the pre-employed enterprises, such as Sween Tech, as the Plaintiff, and agreed to pay KRW 93,310,00,00, which occurred in May 2012, deducted from the payment of the material cost for the installation and labor cost of June 2012, and KRW 89,91,244, and KRW 53,95,802, in the installation and labor cost of June 2012, shall be paid directly to the Defendant Shipping Supplier or its father, and shall be paid directly from the payment of the material cost to the Plaintiff at the time of default.

Defendant Cloxex Co., Ltd. (hereinafter referred to as “Defendant Cloxex”)

On June 22, 2012, in relation to the instant subcontract, Defendant Shipping jointly and severally guaranteed all the present and future obligations owed to the Plaintiff and the obligation to compensate for damages due to non-performance of the contract.

The site descriptions attached to the instant subcontract agreement and the main contents of the main text are as follows.

The site descriptions 6.

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