(영문) 서울중앙지방법원 2019.05.24 2016가합26551

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(영문) 서울중앙지방법원 2019.05.24 2016가합26551

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the parties, etc. is that the contractor was awarded a contract with C Company for the construction of the Nam-gu Officetel at port (hereinafter “the instant construction”). The Plaintiff is the subcontractor who was awarded a subcontract for the construction of the instant construction from the Defendant.

B. On June 23, 2015, C Company Co., Ltd. (hereinafter “E”) constitutes a joint supply and demand company (share ratio: Defendant 92%, and E Co., Ltd.) with the joint payment method around June 23, 2015.

B) As to the instant construction project, the contract amount of KRW 27,981,400,00 (including value-added tax) for the instant construction project, and the construction contract for the construction project from July 1, 2015 to June 30, 2017 (hereinafter “the instant contract”).

(2) Around August 20, 2015, the Plaintiff entered into a contract with the Defendant for remaining soil treatment, etc. (including value-added tax) with respect to the instant construction works during the construction period from August 20, 2015 to January 31, 2016; and the construction cost, from August 20, 2015 to January 31, 2016, under the agreement between the Plaintiff, the Defendant, and the C Company, to be directly paid by the C Company (hereinafter “instant subcontract”); and (1) In relation to the instant subcontract, Article 4 (Adjustment of Related Construction Works) related to the instant case (hereinafter “related construction”) ① The Defendant may modify the construction period, construction contents, contract amount, etc. of the instant construction project in consultation with the Plaintiff, if necessary to facilitate the contracting construction works.

② The Plaintiff, in close contact and cooperation with the relevant contractor, cooperates in the smooth completion of the contracted work.

C. Article 14 (Change or Suspension of Construction Work) (1) In a case where the Defendant deems it necessary or changes the contents of construction work at the request of the ordering person, or temporarily suspends the construction work for the whole or part of the construction work, the Defendant shall submit a modified contract, etc. to the Plaintiff

유사 판례

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