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(영문) 서울중앙지방법원 2018.07.26 2017가합555629
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 175,306,252 to the Plaintiff (Counterclaim Defendant) and its related amount from September 15, 2017 to July 26, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 5 (including each number, if any) and Eul evidence 1 to 5:

1) The conclusion of the contract for work is 1) the case (hereinafter referred to as “case”).

A Co., Ltd. (hereinafter referred to as “A”) on July 29, 2011

(2) On August 3, 2011, K subcontracted the portion of the broadcast system and the installation of mileage to Korea Co., Ltd. (hereinafter “DME”) for 12,108,821,527 won (including value-added tax) in price (hereinafter “instant contract”).

3) The construction work requires technical capabilities, such as the construction work of mileage with the approval of the case on October 4, 201 (hereinafter “instant construction work”).

(1) The Plaintiff is entitled to re-subcontracts (hereinafter referred to as “instant subcontract”) to the Plaintiff at KRW 1,649,140,000 (excluding value-added tax).

(4) On October 201, the Plaintiff re-subcontracted (hereinafter “instant re-subcontract”) to the Defendant at KRW 280,500,000,000 (including value-added tax) the supply price for the work of linking the listed mileages established during the instant construction with the approval of EXE around October 201.

B. 1) With respect to the instant construction project, the Kti’s employees B took overall charge of the instant construction project, and the Plaintiff’s employees C, D, and the Defendant’s employees E were in charge of designing and building the instant construction project. 2) B notified the Plaintiff, DE, and the Defendant of a work plan to extend the capacity of the news-related mileage from 102TB (TerB) to 131TB on January 16, 2012.

3 The above work programme.

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