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(영문) 서울중앙지방법원 2019.02.19 2017가합559317
손해배상(기)
Text

1. Defendant C’s KRW 236,915,121 as to the Plaintiff’s KRW 5% per annum from April 1, 2017 to October 15, 2017.

Reasons

1. Basic facts

A. The parties to the case 1) Defendant B is the apartment of the case in which the E main apartment complex E (hereinafter “the apartment”) is located on the Goyang-gu and 36 lots from Goyang-gu, Yangyang-gu and Goyang-gu.

F. The first urban environment rearrangement project association (hereinafter “the association”) conducting new construction works is the association of this case.

(2) Defendant C is the representative director of G Co., Ltd. (hereinafter “G”) who was awarded a contract for the construction of the instant apartment by the instant association.

3) The Plaintiff shall subcontract the construction works of main household and household appliances among the new construction works of the instant apartment from G (hereinafter “instant subcontract”).

1) The H Co., Ltd. (hereinafter “H”) received

(B) A company that supplied and installed a main household to the Plaintiff. B. The Plaintiff entered into a supply contract between the Plaintiff and H with H on July 15, 2013, with the construction period from July 1, 2013 to October 31, 2013, with the contract price of KRW 682,00,000, and with the contract price of KRW 682,00,000, to supply and install the main household to the instant apartment complex (hereinafter “instant supply contract”).

(C) The Plaintiff’s discontinuance of the supply of goods was concluded. The Plaintiff supplied the Plaintiff with the supply of 311,909,091 won to H by August 31, 2013 under the instant supply contract, but did not receive the payment from H, thereby suspending the supply of goods and the installation work. D. The representative director of H’s contract was concluded upon consultation with the Plaintiff’s employees J., and around December 10, 2013, “I” should pay KRW 616,00,000 to the Plaintiff by the date of registration of preservation of ownership under E apartment K, L, and M, or by the date of the first priority of January 31, 2014, or by the date of the second priority of January 31, 2014.

G (Defendant C) The representative director shall stand a joint and several surety for the I's obligations.

If I fails to repay by the above date, the right to collateral security is established simultaneously with the registration of initial ownership of the above real estate, and the partnership of this case (Defendant B) is established.

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