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(영문) 대전지방법원홍성지원 2016.08.11 2014가합1116
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 78,629,000.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On March 22, 2012, the Plaintiff: (a) entered into a contract for the same interest construction company (hereinafter “non-party company”) with the said interest construction company (hereinafter “non-party company”); (b) the actual contractual party was the contractor’s name under the same interest construction company or contract.

The construction work (hereinafter referred to as the “construction work”) of multi-family house on the ground (hereinafter referred to as the “instant land”) in Seosan-si D (hereinafter referred to as the “instant land”) was set as the construction work cost of KRW 583 million (including value-added tax; hereinafter the same shall apply) and the construction period from March 22, 2012 to June 30, 2012, respectively, and awarded a contract.

(hereinafter “the instant construction contract”). (b) The instant construction contract.

However, the construction of this case was suspended around May 2012 due to the reasons such as financial difficulties, etc. after the non-party company took part in the construction of the foundation and concrete floor among the instant construction works, and even around that time, the Plaintiff paid KRW 95 million to the non-party company as the construction price for the construction work in accordance with the sexual height.

C. Meanwhile, around September 5, 2012, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) agreed to complete the instant construction since the Defendant Company ceased to perform the construction work (hereinafter “instant two construction contract”), and accordingly, the Defendant Company continued the instant construction work.

We undertake to carry out the construction in good faith under the contract entered into with the owner in connection with the construction of this case in our country (Defendant Company).

In addition, us undertake the completion of the construction of the completed dynasium, us will receive the down payment of each type of the completed construction from the owner within the contract amount under the construction contract and will undertake the construction without any problem, and thereafter will undertake all the matters (in the country and the whole of the outside finishing construction) at us at the end of this construction.

Afterward, the part of the structural construction of the instant construction is completed.

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