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(영문) 의정부지방법원 2018.01.19 2017가단107315
구상금
Text

1. The Defendant’s KRW 33,130,481 as well as 5% per annum from July 29, 2016 to January 19, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On December 27, 201, the Defendant was awarded a contract for the Gunsan-si B (hereinafter “instant entire construction”) from the Gunsan-si Department of the Namnam-si, the Air Force Small and Medium Enterprise, and the Seoul-si Department of the Arts.

B. On March 26, 2012, the Plaintiff received a subcontract from the Defendant for the facility maintenance and management works (hereinafter “instant construction works”) among the entire construction works of this case by setting the construction cost of KRW 431,970,00 (including value-added tax) and the construction period from March 26, 2012 to June 22, 2012, respectively.

C. The Plaintiff and the Defendant changed the construction period of the instant construction from March 26, 2012 to July 30, 2012.

On July 17, 2012, the Defendant notified the Plaintiff of the cancellation of the said subcontract, and thereafter directly performed the instant construction work, and completed the instant construction work on August 18, 2012.

E. As to the instant construction work, the Plaintiff filed a counterclaim against the Defendant for the claim for construction cost, etc., and the Defendant filed a counterclaim against the Plaintiff for damages. The summary of the final and conclusive judgment (the District Court Decision 2012Gahap1050 (the principal lawsuit) 2013Gahap12324 (Counterclaim), Seoul High Court 2016Na4404 (the principal lawsuit) and Supreme Court 2017Da18958 (the principal lawsuit) is as follows.

(1) The Plaintiff’s claim against the Defendant on January 1, 200

(a) Damage claim arising from the Defendant’s unilateral rescission of the subcontract: KRW 278,512,353;

B. Claim for indemnity arising from the payment by subrogation by the Plaintiff for the construction cost to be paid by the Defendant: KRW 106,529,832

(c) Claims for additional construction cost: 4,969,257 won;

2. Defendant’s claim against Plaintiff

A. Claim for indemnity arising from the Defendant’s subrogation for the construction cost payable by the Plaintiff: KRW 36,294,555

(b) Damage claim in lieu of defect repair: 2,087,812 won;

(c) Claim for return of unjust enrichment with respect to advance payment: 302,379,000 won;

F. As to the instant construction works, the new shipping company has filed a lawsuit against the Plaintiff for the claim for the acquisition amount.

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