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(영문) 수원지방법원 2019.09.18 2018가합17726
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Nonparty D Co., Ltd. ordered Defendant C Co., Ltd. (hereinafter “C”) to “E installation”, and Defendant C subcontracted the said construction to Defendant B Co., Ltd. (hereinafter “B”); on March 16, 2018, Defendant B entered into a contract to re-subcontract the said construction work to the Plaintiff during the construction work (hereinafter “instant construction work”); and its main contents are as follows.

On the other hand, on February 28, 2018, the Plaintiff re-subcontracted the instant construction to Nonparty F Co., Ltd. (hereinafter “F”).

Electric Power and Electrical Construction Contract

4. Period of a construction contract: Commencement on March 5, 2018 and completion on May 31, 2018 (Provided, That the date of completion due to the on-site conditions shall be within the same year as the date of completion, and automatic extension is automatically extended to the Plaintiff);

5. Contract amount: Amount of KRW 750 million per day; and

(a) Value of supply: Amount of KRW 690 million in total;

(b) Value-added tax: 69 million won per day; and

6. Payment of the price;

(a) Until 30 days after the application for completed portion (1) once a month is filed (2) and other payments made at a fair rate;

8. Contract bond: A special clause clause of contract in the amount of KRW 75.9 million (1);

7. The Plaintiff’s items and other items to be borne by the Plaintiff are directly conducted by the Plaintiff and cannot be sub-subcontracted without Defendant B’s approval. In the event that Defendant B issued a written work order to the Plaintiff on December 12, 200, but the Plaintiff did not comply with it within 10 days without good cause, Defendant B may terminate the relevant contract.

5) Without the approval of Defendant B, the contract may be terminated when the Plaintiff transferred his management right to a third party or when it is discovered that the Plaintiff re-subcontracted in whole or in part to a third party specialized construction business entity. 6) In the event that the content of the documents related to Article 5(7) of the Special Conditions and related documents (related to non-performance) is proved to be false, the Defendant B may terminate the relevant contract.

B. Defendant B shall be from Defendant C to 1.

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