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(영문) 서울고등법원 2018.11.23 2017나2066580
손해배상청구
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) that exceeds the following amount ordered to pay.

Reasons

1. Basic facts

A. Co-Defendant D in the first instance trial (hereinafter “D”) was serving as the inside director of Defendant B from April 8, 2013, and from February 12, 2015, Defendant C was serving as each inside director of Defendant B. D was serving as the representative director of Defendant B from April 8, 2013 to March 27, 2014, and Defendant C was serving as the representative director of Defendant B from November 11, 2015 to February.

Standard contract for private construction works

1. Construction name: Works for the civil engineering of Fri land;

2. The construction site: Pyeongtaek-si G through H; and

3. Period: Contract amount from May 29, 2015 to September 30, 2015: KRW 230 million (including value-added tax).

8. Endd amount: It shall be substituted by loans of financial institutions.

B. On May 28, 2015, E entered into a contract with Defendant B for the following (hereinafter “instant contract”).

As to the construction cost of KRW 230,000,000 based on the construction contract (Standard Contract for Private Construction Works) dated May 28, 2015 concerning civil engineering works within Pyeongtaek-si G-H land, each of the contractors is responsible for and subrogated by each of the contractors until June 30, 2015, respectively.

[Special Agreement: When the contractor (owner) has fully paid the above construction cost, the principal performance shall be automatically reversed.]

Defendant C and D prepared on May 28, 2015 a letter of performance (hereinafter “statement of performance as of May 28, 2015”) with the following contents written to E. However, the said letter of performance was written as “contractor I E and J Company A.

1. Construction name: Civil engineering works for Pyeongtaek-si G to K outside Korea;

2. Construction period: From June 1, 2015 to June 20, 2015 (mutual consultation additional construction schedule);

3. Amount of a construction contract: 230 million won (excluding value-added tax);

4. Prepaid amount: No amount available; and

5. The payment of the construction contract amount(3) is made under the condition that an objection is not raised in the payment of the construction contract amount within 10 days from the completion date of the construction work by preparing a “written note” to pay the total amount of the construction contract.

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