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(영문) 수원지방법원 2018.01.11 2016가단540157
손해배상(기)
Text

1. The Defendant’s KRW 4,00,000 as well as 5% per annum from October 2, 2016 to January 11, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 19, 2016, the Plaintiff entered into a contract with the Plaintiff for construction works to be subcontracted to the Plaintiff, setting the construction cost for soil works and soil bags, other than 12,693,536,585 won, and the construction period, from February 22, 2016 to December 31, 2017, among the Construction Works for Dol Construction Co., Ltd. (hereinafter “Slun Construction”) and the Construction Works for Dol-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “instant Construction

B. On February 2016, Round Construction subcontracted the construction of soil works and soil zones of Section 2 in the instant construction works to Modro Co., Ltd. (hereinafter “Modro”) (hereinafter “Modro”), and on March 2016, Modro Construction re-subcontracted the Defendant with the remaining soil treatment works of Section 2.

C. Joint ventures filed an application for rehabilitation procedures on August 18, 2016 and received a decision to commence rehabilitation procedures on September 1, 2016.

On September 13, 2016, a lot construction notified Gohap Docs of the intention to terminate the contract in case of the failure to perform the subcontract contract while demanding the performance of the subcontract contract.

On September 20, 2016, a lot construction notified by content-certified mail that it will terminate a subcontract construction contract on the ground that it did not perform a subcontract construction contract.

E. From September 30, 2016 to October 2, 2016, the Defendant parked 25 tons of 25 tons of dump trucks at the entrance with the wheels of the instant construction site (hereinafter “instant entrance”) and prevented the Plaintiff from having access to the Plaintiff’s construction vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Defendant did not take out the excavated earth and sand during the period of blocking the entrance of the instant case, and carried out a separate storage work. The Defendant occupied the entrance of the instant case, threatening the employees of the Plaintiff, thereby threatening the Plaintiff to protect the facility security and workers.

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