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(영문) 서울중앙지방법원 2017.10.25 2016가합22269
손해배상(기)
Text

1. As to KRW 6,113,683,513 among the Plaintiff and KRW 5,740,705,513 among the Plaintiff, the Defendant shall start from December 2, 2016 to October 25, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a subcontract was each awarded a contract for the construction work of Changwon-si Co., Ltd. C, D Won E 13BL, and 25BL from IMD Co., Ltd.

The Plaintiff and the Defendant concluded each subcontract regarding reinforced concrete construction among the above construction as shown in [Attachment 1].

(1) Of the construction works of 13BL 1 Section, reinforced concrete construction works among the new construction works of the instant 13BL 2 Section, “instant 2 construction works” and “instant 3rd construction works” among the new construction works of the 25BL 1 Section). [Attachment 1] The Plaintiff received the contract amount (including value-added tax, included) for the construction period of 13BL 1 Section, among the new construction works of the 13BL 1 Section, from December 13, 2012 to November 30, 2014; 106,727,870, 483BL 13 Section 2 Section 15 April 15, 2013; 201. The Plaintiff was newly built of reinforced concrete construction works from among the new construction works of the 13BL 13 Section 2 Section 14 Section 15,2013 to April 30, 2014 to 2013; 13B5.1.

On July 4, 2013, the Plaintiff and the Defendant concluded a subcontract with respect to reinforced concrete construction (hereinafter “instant 4 construction”) during the said construction period as KRW 10,538,00,00 (including value-added tax) from July 4, 2013 to August 31, 2013; and changed the construction period from July 4, 2013 to March 31, 2014.

(2) The Plaintiff and the Defendant concluded each of the instant construction contracts under Articles 35 of the Framework Act on the Construction Industry (hereinafter “instant subcontract agreements”). The Plaintiff and the Defendant concluded each of the instant construction contracts and concluded each of the instant construction contracts with the Defendant, within the scope of the obligation to pay the subcontract price, all of the construction works, including the Defendant’s workers, equipment, and material suppliers.

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