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(영문) 대구지방법원경주지원 2015.11.13 2014가합2648
손해배상(기)
Text

1. The defendant Dongin Construction Co., Ltd. and the defendant Il Construction Engineering Co., Ltd. are jointly and severally owned by the plaintiff 370,000,000 won.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 5, 6, 9, Eul evidence 1, Eul evidence 1, and Eul evidence 1 (including paper numbers) and the whole purport of the pleadings:

On March 19, 2012, the Plaintiff concluded a contract with Defendant East Sea Construction Co., Ltd. (hereinafter referred to as “Defendant East Sea Construction”) for the construction of a sea-in supply facility (hereinafter referred to as “instant facility”) with the content of collecting sea water from the sea of the dong-gu Jeon-dong branch line at the time of racing to supply clean sea water to the fishery products auction house and store and the regional store frequency of stores within the Posi Port at the time of racing (hereinafter referred to as “instant facility”) during the contract period of 1,292,130,000 won for the construction period, from March 21, 2012 to September 16, 2012.

After that, the Plaintiff and Defendant East Sea case finally changed the instant construction contract to determine the contract amount of KRW 1,358,520,00, and the construction period from March 19, 2012 to December 31, 2013.

B. However, on February 2012, prior to the conclusion of the instant construction contract, the Plaintiff entered into an agreement on the use of the Defendant Dongin Construction and New Technology (Patent) with the Defendant Dongin Construction Co., Ltd. (Patent No. 10-0782359, Patent No. 10759, Patent No. 2359, Patent No. 107) on the patent for the sea receiving facilities owned by Dongin Construction Co., Ltd. (hereinafter “Defendant Dongin Construction”), and entered into the instant construction contract with the Defendant Dongin Construction through competitive bidding on the premise of such agreement.

Accordingly, on March 28, 2012, Defendant Eastern Construction subcontracted the contract amount of 825,000,000, and the construction period from March 29, 2012 to September 21, 2012, to Defendant Eastern Construction.

After that, Defendant East Sea Construction and Defendant East Construction will finally change the above subcontract several times and finally make a contract amount of KRW 895,400,000, and the construction period.

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