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(영문) 수원지방법원평택지원 2016.12.07 2016가단1569
손해배상
Text

1. Defendant B’s KRW 30,533,712 as well as 6% per annum from February 19, 2016 to December 7, 2016 to the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On January 23, 2015, the Plaintiff entered into a contract for construction works (hereinafter “instant first contract”) with Defendant B on the condition that the construction cost of KRW 315,400,000 (excluding value-added tax; hereinafter the same shall apply) shall be subcontracted to Defendant B among the headquarters installation works (hereinafter “instant headquarters installation works”). Since then, the Plaintiff entered into a contract for construction works with Defendant C on the condition that it shall be subcontracted to KRW 755,630,000 for the construction cost of KRW 75,630,000 (hereinafter “instant multilateral construction works”).

B. In the first and second contracts of this case, the Plaintiff decided to pay wages and material expenses directly in relation to the instant headquarters facility construction and downloading construction.

As of August 2015, the Plaintiff’s direct payment of wages and material costs for each of the instant headquarters facilities construction in excess of the payment for each of the construction costs of KRW 30,533,712 as to the instant headquarters facilities construction and KRW 127,735,680 as to the instant download facilities construction.

C. Accordingly, on September 2015, Defendant B agreed to assume the above KRW 30,533,712 as Defendant B, and Defendant C agreed to assume the responsibility for the above KRW 127,735,680 as Defendant C’s debt joint and several liability amounting to KRW 127,735,680 as Defendant C.

Nevertheless, around September 2015, the Defendants unilaterally discontinued the headquarters facility construction and the Dandong Road construction in this case and completed it at the site.

Therefore, Defendant B is liable for damages incurred to the Plaintiff as the Plaintiff did not perform the obligation under the instant contract No. 1, and Defendant C is liable for damages incurred to the Plaintiff, and the Defendants are selected as such.

Inasmuch as the Plaintiff agreed to return the price of the construction work that was paid in excess of the Plaintiff as described in the clause, the Plaintiff cannot be exempted from the liability under the agreement.

E. Accordingly, the Plaintiff paid KRW 30,533,712 as to the instant contract to Defendant B, and KRW 69,400,000,000 as to the instant contract No. 2 as to the Defendants.

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