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(영문) 창원지방법원진주지원 2017.10.12 2016가합11274
손해배상(기)
Text

1. Defendant A’s KRW 187,082,557 as well as 5% per annum from November 21, 2016 to October 12, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant A is a person who has completed business registration under the trade name of “C” as a steel structure construction business entity, and Defendant B is a person who jointly operates the said business with Defendant A.

B. On July 30, 2015, the Plaintiff: (a) contracted the construction of solar power plants D located in Scheon-si from Hyundai United Nations Co., Ltd.; and (b) contracted the construction of solar power plants located in Jinan-gun located in the former Jinan-gun, Jinan-gun on September 1, 2015; and (c) written a subcontract between Defendant B and the Plaintiff entered into between Defendant B and the Plaintiff with the content that the Plaintiff subcontracts the manufacture and installation of structures among the construction works of each solar power plant as above, and the details thereof are as follows.

(2) The construction period of each of the above subcontracting projects and each of the above subcontracting projects shall be referred to as "E subcontracted projects", "E subcontracted projects", "G subcontracted projects", or "G subcontract projects", and, if so collectively, the term "each of the above subcontracted projects" or "each of the instant subcontract projects". The contract price on September 18, 2015: 200,000 won (Provided, That the contract price shall be reduced to 180,000,000 won under an agreement after the conclusion of the contract) and the construction period shall be 0: 0,000,000 won for 0,000,000 won for 10,000,000 won for 20,000,000 won for 0,000,000,000 won for 20,0000 won for each of the above subcontracting projects (within 8,000,000 won for each of the above construction projects)

C. The Plaintiff: (a) to Defendant A, the subcontract price of KRW 380,000,000 for each of the instant subcontracting projects; (b) KRW 180,000,000 for the E subcontracted projects; and (c) KRW 200,000 for the G subcontracted projects.

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