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(영문) 인천지방법원부천지원 2013.08.13 2013가단7938
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) C are dismissed.

2. The costs of lawsuit;

Reasons

1. Determination on the main claim

A. The Plaintiff asserted that the Plaintiff agreed to perform construction works jointly with Defendant B, after receiving a supply of and demand for April 9, 2012, with respect to D construction works (hereinafter “instant construction works”).

In the process of the construction process by selecting the subcontractor operated by Defendant C or E, Defendant B independently performed the construction work without notifying the Plaintiff of the situation, and it was awarded a subcontract without proper understanding of the drawings, specifications, etc., and the management and supervision was not proper, and the instant construction work was not completed.

Accordingly, for the completion of construction, the Plaintiff entered into a subcontract for the remaining construction cost of KRW 37.8 million with Defendant C, but Defendant C did not properly perform the remaining construction work after receiving advance payment of KRW 15 million.

As can be seen, the Defendants performed the instant construction project in bad faith and without responsibility, and the Plaintiff paid additional costs and completed the instant construction project.

Therefore, the Defendants are jointly and severally liable to compensate the Plaintiff for the damages of KRW 79.8 million incurred from the instant construction work.

B. The reasoning of the judgment is sufficient to recognize that the Plaintiff and Defendant B agreed to jointly implement the construction with the intention to jointly distribute profits after joint investment with respect to the instant construction work, Defendant C or E, a subcontractor, unilaterally selected Defendant C or E according to personal friendship, Defendant C or E, and the cost incurred by the Plaintiff incurred damage equivalent to KRW 79.8 million due to the Defendants’ defective construction work, and there is no other evidence to acknowledge this otherwise. Thus, the Plaintiff’s claim for damages against the Defendants cannot be accepted.

2. Judgment on the counterclaim

A. The Plaintiff’s assertion by Defendant C is against Defendant C.

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