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(영문) 울산지방법원 2017.05.10 2014가합2873
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff Company A with KRW 2,474,211,418, and KRW 870,931,800 to the Plaintiff Company B.

Reasons

1. Basic facts

A. Relevant Plaintiff A (hereinafter “Plaintiff A”) is a company aimed at the manufacturing business of automobile parts. Plaintiff B (hereinafter “Plaintiff B”) is a company aimed at manufacturing and selling automobile parts, and Defendant Heavy Industries Co., Ltd. (hereinafter “Defendant Heavy Industries”) is a company engaged in civil engineering and construction work, and Defendant TMS Heavy Industries Co., Ltd. (hereinafter “Defendant TS Heavy Industries”) is a company engaged in steel structure construction business, steel products construction business, and steel structure manufacturing and installation business.

B. (1) On December 12, 201, Plaintiff A entered into a construction contract with Defendant Heavy A Construction, and Plaintiff A’s factory to Defendant Heavy A Construction in Ulsan Metropolitan City North-gu, Ulsan Metropolitan City (hereinafter “instant factory”).

2) A new construction project (hereinafter referred to as “instant construction project”)

(2) A contract was entered into with each of the following terms: (a) the construction period of KRW 4,804,00,000 (excluding value-added tax); and (b) the construction period from December 12, 201 to April 20, 201; and (c) the Plaintiff entered into a contract with the Defendant Heavy Industries for the settlement of accounts of construction works with the content that the price of the instant construction works is increased to KRW 5,704,000 (excluding value-added tax) on September 12, 2012 on the ground of a change in the construction period due to a change in design, etc., and that the construction period is changed to December 12, 201 to September 3, 2012; (b) the Defendant Heavy Construction entered into a subcontract with the Defendant Heavy Industries for the construction period from December 29, 2011 to April 20, 201 (hereinafter “the instant aggregate construction period”); (c) the respective construction period of KRW 30,013,10.20.1,205

C. Under the above contract and the contract for the settlement of construction works, Defendant Heavy Construction Co., Ltd. newly built the instant plant is the columns of the method of construction of the steel frame of the second floor above ground (PEB PEB) around December 12, 201.

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