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(영문) 서울중앙지방법원 2017.07.05 2015가합554257

손해배상(기)

Text

1. The quality and human hazard of the instant lawsuit is due to the modification and use of the “[1-1-2] concrete paint-designated product.”

Reasons

1. Facts of recognition;

A. 1) On July 30, 2013, the Plaintiff and the Defendant, and the Plaintiff, to the Defendant, as well as E hotel E hotel (hereinafter “instant hotel”) on the ground of D and 11 lots of land in Jung-gu, Seoul.

) New construction works (hereinafter “instant construction works”)

As to the construction amount (excluding value-added tax) and the contract agreement between August 1, 2013 and October 30, 2014 (hereinafter “instant contract agreement”) providing that the construction amount shall be KRW 5,800,000,000 (excluding value-added tax) and the construction period shall be:

The instant contract was concluded. The main text and the general terms and conditions of the contract (hereinafter “instant general terms and conditions”).

Article 20 (Change or Suspension of Construction Works) (1) In the event that the Plaintiff alters or adds the contents of construction, or temporarily suspends the whole or part of construction works due to a design change, etc. (Adjustment of the contract amount due to a modification of a design) Article 21 (Adjustment of the contract amount due to a modification of a design), the Plaintiff shall modify the design when the contents of the design do not coincide with the state of the construction site, when unclear, omitted, or erroneous matters exist, or when the installation of additional facilities is required due to a modification of the project plan, etc.

B. The Plaintiff shall be paid in cash or a letter of guarantee issued by a guarantee agency under each subparagraph of Article 4 (2) to the time the proceeds of the relevant construction are paid after completion inspection.

(2) A defendant shall repair all defects incurred in the relevant construction during the period of warranty liability stipulated in the contract from the date the plaintiff has taken over the whole object and completed the inspection of completion to the date of the first arrival.

provided, however, that: