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(영문) 의정부지방법원 2015.09.16 2013가합71484
손해배상(기)
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 219,305,614 and the Plaintiff

A. Defendant Union Development Co., Ltd.: 200,000.

Reasons

Basic Facts

On February 209, the Gyeonggi-do Construction Headquarters and the Gyeonggi-do Construction Agency (hereinafter referred to as the “instant construction”) entered into a contract with the Public Procurement Service (hereinafter referred to as the “instant contract”) with respect to “B” (hereinafter referred to as the “instant construction contract”) with respect to the construction works of the demanding administrative agency, the construction cost of which is 43,354,276,000 won, and the construction period from February 23, 2009 to February 22, 2014.

Since July 21, 2010, as members of the above joint supply and demand organization waives the remaining shares due to the aggravation of management status around July 2010, members of the above joint supply and demand organization were changed to the Namyang Construction and the plaintiff. The ratio of its investment was changed to 50% of the Southern Construction, Southern Construction, 2.05% of the remaining construction, and 47.95% of the remaining construction, respectively, and 50% of the remaining construction and 50% of the plaintiff as the representative (general partner).

On November 4, 2010, the Plaintiff and Namyang Construction entered into a subcontract with Defendant Joint Development Co., Ltd. (hereinafter “Defendant Joint Development”) on the condition that construction amount of KRW 11.39 billion, construction period, and February 22, 2014, with respect to the soil and water supply, drainage and structure construction (hereinafter “subcontract”) during the instant construction work, the Plaintiff and Namyang Construction entered into a subcontract with Defendant Joint Development Co., Ltd. (hereinafter “instant subcontract”).

Afterwards, Southyang Construction and the Plaintiff and Defendant Union Development increased the construction cost of the instant subcontract by KRW 11.939 billion on April 18, 2011, but reduced the construction cost by KRW 11.548 billion on September 9, 2011.

Article 12 (Payment Materials and Loans) (1) The time of delivery of the materials to be paid by the Plaintiff under a contract shall be based on the schedule of construction scheduled, and the place of delivery shall be the construction site unless otherwise specified in the specifications.

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