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(영문) 서울중앙지방법원 2017.02.08 2016가단5021639

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 2012, Korea Development Co., Ltd. (hereinafter “Korea Development”) contracted the supply facilities for the instant industrial water from the Korea Electric Power and Nuclear Power Co., Ltd. (hereinafter “Korea Atomic Power and Nuclear Power Co., Ltd.”), and the former Basic Daily Construction Co., Ltd. (hereinafter “Defendant”) was merged with the Defendant on May 15, 2014, to receive a subcontract for the construction of the water-take tower structure (water-take tower below the water surface of the reservoir) during the said construction from the development of Korea.

B. However, the original design had been designed to construct a water tank with a water tank using a water tank, but problems have been discovered, and several changes have been reviewed. Of which, the Defendant suggested that “water tank construction method (public method that removes a water tank from a water tank after installing a water tank in the form of a water tank)” from A company, but the Plaintiff was unable to construct a water tank due to the power of “water tank installed in the form of a water tank,” while it is impossible for the Plaintiff to construct a water tank in the lower direction of a computer control point (a candle stop stop construction method)” (a water tank is installed and a water tank is constructed in the form of a water tank using a water tank).

C. Accordingly, on August 28, 2012, the Defendant entered into a design service contract with the Plaintiff (hereinafter “instant contract”) with the following content.

Section · This service aims to ensure that the Corporation can carry out smoothly with respect to the above service.

(Article 1) The duration of the agreement shall be from August 28, 2012 to September 30, 2012, including the basic and working design (the period may be changed according to the schedule of consultation with the place of origin) and the consulting service for the installation of a water intake tower shall be completed until the completion date.

(Article 2) · Scope of operations and achievements (Article 3)

1.For temporary use.