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(영문) 서울중앙지방법원 2018.10.23 2017가단5212920
손해배상(기)
Text

1. Defendant B’s KRW 69,869,680 as well as the Plaintiff’s annual 5% from December 26, 2014 to May 9, 2018, and the following.

Reasons

1. Under the underlying facts, the following facts can be acknowledged by comprehensively taking account of the overall purport of the pleadings in the descriptions of Gap evidence Nos. 1-7, Gap evidence Nos. 2 and 7.

On May 2014, the Plaintiff entered into a contract with D, a construction business operator, for the new construction of the five-story Urban Residential Housing (hereinafter “instant building”) on the ground of Yongsan-gu Seoul, Yongsan-gu, Seoul (hereinafter “instant construction”). At around October 2014, D discontinued the construction with only strings around October 2014.

B. Around that time, the Plaintiff awarded a contract to Defendant B for the remainder of the instant construction work that D.

C. The instant building was completed around February 2015.

2. Determination as to the claim against the defendant B

A. On October 2014, the Plaintiff, while performing the instant construction work, ordered the construction to Defendant B for the remaining parts of the instant construction work, and paid KRW 69,869,680 in total as the construction cost from November 8, 2014 to December 16, 2014.

However, in December 2014, Defendant B discontinued construction without any specific construction work, and the Plaintiff cancelled the construction contract with Defendant B at that time.

Therefore, Defendant B is obligated to return the above KRW 69,869,680 to the Plaintiff by reinstatement.

(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

3. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion is a person who supplies steel materials, and the Plaintiff did not pay for all the price of the materials through D in connection with the instant construction work, and the Plaintiff acquired KRW 1,982,580 by deceiving the Plaintiff, and subsequently, the Defendant C is obligated to compensate the Plaintiff for the total amount of KRW 8,463,320 and the delay damages, even though the Plaintiff received all the price of the materials through the Defendant B. Accordingly, Defendant C acquired KRW 6,480,740, while receiving all the price of the materials through the Defendant B.

B. Determination as to whether Defendant C deceivings the Plaintiff in relation to the price of the materials of the instant construction.

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