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(영문) 서울중앙지방법원 2019.06.13 2018가단5190928
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Around March 2015, the Plaintiff and the Defendant drafted a standard contract for private construction works with the terms and conditions that the “D Construction Work (A Complex (A)” was contracted at C on March 17, 2015 on the date of commencement, and on September 30, 2015, the expected date of completion, the contract amount of which was set at KRW 1,688,92,50.

E and F have jointly and severally guaranteed C's obligations under the above contract.

Around March 2015, the Plaintiff and the Defendant drafted a standard contract for private construction works with the terms and conditions of the contract to be concluded at F’s KRW 1,237,152,90 on March 17, 2015 on the date of commencement, and September 30, 2015 on September 30, 2015 on the date of completion.

E and C have jointly and severally guaranteed F’s obligations under the above contract.

Around March 2015, the Plaintiff and the Defendant drafted a standard contract for private construction works with the terms and conditions that the “D Construction Work (C Complex)” was contracted by G on March 17, 2015; the expected date of completion; the contract amount of September 30, 2015; and the contract amount of KRW 524,050,50,50.

E and F have jointly and severally guaranteed the above contractual obligations of G.

The term "special terms and conditions of construction contract" in each of the above private construction contracts include the content that construction amount shall be KRW 5,100,000 per square meter.

B. The Plaintiff and the Defendant carried out construction works under the standard contract for each of the above private construction works, but the construction of some of the household buildings was completed, but the construction of some of the household buildings was suspended on September 2016.

C. As of June 15, 2018, the Defendant: (a) followed the period of elevation to E by the time the Plaintiff and the Defendant ceased construction; (b) consulted with the owner of the building in consultation with the total construction amount of KRW 1,594,00,000; (c) half of this amount, KRW 797,000,000, which is half of the amount the Defendant would have to receive; and (d) prepared and issued a confirmation statement containing the fact that the remaining half of the amount would have been received by the Plaintiff.

On the other hand, the plaintiff and the defendant shall divide the work price into five to five.

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