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(영문) 광주지방법원 2015.05.21 2013가단74085
손해배상(기)
Text

1. Defendant (Counterclaim Plaintiff) and Defendant B, jointly and severally, jointly and severally, KRW 83,387,320 against the Plaintiff (Counterclaim Defendant) and the same on January 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

D From October 26, 201, the Plaintiff entered into a contract for telecommunications construction works among the Newly constructed construction works of Nam-gu Seoul metropolitan apartment (including value-added tax; hereinafter the same shall apply) from Nam-gu, Seoul, for the cost of KRW 1,450,000,000. On November 3, 2011, Defendant A subcontracted the said telecommunications construction works to Defendant A for the cost of KRW 1,40,000,000.

On February 6, 2013, Defendant A prepared and delivered to the Plaintiff a letter stating that “The work in South and North Korea shall be completed within the time limit, and if the Plaintiff’s direct operation cost is invested, it shall be deducted from the construction cost to be paid, and the additional construction cost shall be borne by Defendant A, and the construction cost claimed by other creditors shall be repaid by Defendant A,” and Defendant B jointly and severally guaranteed Defendant A’s obligation.

Since then, Defendant A did not perform the repair work for it, despite the Plaintiff’s request, Defendant A paid 4,729,020 won to E on December 16, 2013, the Plaintiff paid 400,000 won to E on December 30, 2013, 850,000 won to E on December 30, 2013, and 50,000 won to H and I on November 20, 2014, as construction cost, and paid 4,729,020 won in total to H and I on December 30, 2013.

In addition, due to Defendant A’s unpaid material costs, food costs, personnel costs, construction costs, etc., the Plaintiff was liable for KRW 5,638,300 to J, KRW 2.5 million to K, KRW 3,170,00 to L, and KRW 50,000 to the master company.

On July 26, 2012, the Plaintiff awarded a contract for electrical construction amounting to KRW 775,000,000 among the new apartment construction works in the Jeon Chang-gun's Net Chang-gun located in Jeon Chang Chang-gun, and on August 1, 2012, Defendant A awarded the said electrical construction amounting to KRW 575,00,000.

Defendant A’s letter of performance of construction works, the execution of which is to implement the said electrical construction on August 1, 2012, to the Plaintiff.

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