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(영문) 수원지방법원 안양지원 2018.05.31 2017가단8157
손해배상(기) 등
Text

1. Defendant Youngdong Construction Co., Ltd.: KRW 30,270,000 for the Plaintiff and its related amount from June 9, 2017 to May 31, 2018.

Reasons

1. Facts of recognition;

A. On June 4, 2015, Defendant Hyundai Daily Bank Co., Ltd. entered into a contract with Defendant Youngdong Construction Co., Ltd. for construction works related to new construction and B remodeling (hereinafter “instant entire construction works”). Defendant Youngdong Construction Co., Ltd entered into a contract with the Plaintiff on the part of “electric and fire-fighting construction works” among the entire construction works.

B. The Plaintiff, while carrying out the outdoor spare line construction (hereinafter “instant construction”) in the course of performing the “existing Pipelines Removal Construction”, which removes the existing pipelines from the said construction due to the new construction of a building.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 1 to 6, Eul evidence 1 to 11, Eul evidence 1 to 11 (including each number), witness C, D and E's testimony and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1 on the claim against Defendant Hyundai Daily Bank Co., Ltd. (hereinafter “instant claim”) is that the Plaintiff requested the instant construction to the Plaintiff at the time of the instant construction, and that, as the Plaintiff conducted construction in trust with Defendant Hyundai Daily Bank Co., Ltd.’s horse on the part of Defendant Hyundai Daily Bank Co., Ltd., the Plaintiff asserts that Defendant Hyundai Daily Bank Co., Ltd. is jointly obligated to pay the instant construction cost to the Plaintiff. 2) According to the reasoning of the judgment and the reasoning of the aforementioned recognition, the instant construction was being discussed additionally due to the first needs of Defendant Hyundai Daily Bank Co., Ltd., but it is recognized as follows. In other words, (i) at the time, Defendant Hyundai Daily Bank Co., Ltd. had already concluded a construction contract with Defendant Dongdong Construction Co., Ltd. on the entire construction of this case; and (ii) at the time, Defendant Seodong Construction Co., Ltd. concluded with the Plaintiff.

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