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(영문) 청주지방법원 2017.05.18 2016가합803
보증금 반환 및 손해배상
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the plaintiff's assertion

A. The gist of the assertion is that the Plaintiff entered into an agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) that actually represented Defendant B on the shipment of soil and sand and the completion of the construction site as seen below, and paid KRW 30 million to secure the performance of the said construction work.

Since then, the Plaintiff and the Defendants agreed verbally to allow the Plaintiff to continue to carry out Saturdays until the completion of the construction work. Accordingly, even though the agreement on release of Saturdays was still effective, Defendant B deceiving the Plaintiff by requesting the Defendant Company and its creditors to temporarily suspend the work, and thereby allowing the Plaintiff’s competitor to take out Saturdays from April 18, 2016 to May 3, 2016.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 200,739,400 won [=170,739,400 won due to interference with the removal of soil and sand from performance guarantee amounting to 30,000,000 + 170,739,400 won (i.e., 13 days x 1,354 square meters of daily shipment volume x 9,700 won of price of goods per square meter)] and damages for delay.

B. According to the reasoning of the evidence Nos. 1, 2, and 2 and 3 of the judgment, the Plaintiff entered into an agreement with the Defendant Company on October 26, 2015 with respect to the shipment of soil and sand and the completion of construction work on the site of a factory until March 20, 2016 (hereinafter “instant agreement”) and paid KRW 30 million to the Defendant Company on October 26, 2015 to secure the implementation of the said construction. After that, the Defendant Company, on April 27, 2016, concluded an agreement on the shipment of soil and sand with respect to the land of Seo-gu D and E (hereinafter “instant land”).

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