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(영문) 울산지방법원 2014.12.18 2013가합8287
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) and the Defendant jointly and severally file a claim for KRW 55,694,00 with the Plaintiff (Counterclaim Defendant) on December 2013.

Reasons

1. Basic facts

A. The plaintiff is a company aimed at new and renewable energy business, etc., and the defendant company is a company with the purpose of designing and constructing the garbage stoke system and developing related equipment, etc., and the defendant A is the representative director of the non-party company.

B. On July 2, 2009, the Plaintiff entered into a construction contract with the Korea Land and Housing Corporation that the Plaintiff would receive from the Korea Land and Housing Corporation a contract for construction works with the content that the Plaintiff would receive from the Korea Land and Housing Corporation the contract amount of KRW 2,214,820,430 of the contract amount, and the date of completion, November 25, 2010 of the contract amount, KRW 3/100 of the warranty bond rate and KRW 1,000 of the liquidated damages rate (hereinafter “original contract”).

C. On September 18, 2009, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with Defendant A and Defendant Company (hereinafter “Defendant”) on the terms of the contract amount of KRW 1,771,856,344 (80% of the original contract) and the date of completion on November 25, 2010 (hereinafter “instant subcontract”).

However, since the contract was prohibited from subcontracting in the original contract, the plaintiff prepared an agreement on the payment of performance-based bonus to the field manager with the defendant A in lieu of the subcontract, and the defendant company, which is a real contractor, was in the form of joint and several sureties for the defendant A.

In the Incheon New Apartment Complex, the main collection facilities of domestic waste were installed using the products of the United Nations Bag Co., Ltd. The Defendants, while performing the instant construction, using the products of the above mentor Co., Ltd. (hereinafter referred to as "mentor") in competition with the United Nations Bags Co., Ltd. (hereinafter referred to as "Meshes") to install the facilities for collecting domestic waste in the complex, and around October 209.

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