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(영문) 서울중앙지방법원 2014.06.13 2013가합63191

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. On the ground of the parcel of land (hereinafter “instant construction”) the construction of a resident shelter on the land (hereinafter “instant construction”). On June 27, 2012, the Defendant was awarded the contract for the instant construction from the project owner on the land (hereinafter “instant construction”).

B. On October 30, 2013, the Plaintiff (hereinafter “Plaintiff”), upon the commencement of rehabilitation procedures on October 30, 2013, took over the instant lawsuit after the Plaintiff was appointed as a custodian; where it is not necessary to distinguish it specifically, the Plaintiff (hereinafter “Plaintiff”) performed duties related to the entire process related to the marry structure, which is the underground structure of the residents’ shelter, by being awarded a contract for the manufacture, supply, installation, and construction of the marg structure, which is the underground structure of the above residents’ shelter, from the Papju City, to the manufacturing, supply, design, construction, and installation of the marg structure.

C. After the Plaintiff manufactured, supplied, installed, and constructed the morizontal steel board structure, the Defendant is referred to as “the primary construction work to convert the structure of the morizontal steel board to underground facilities by putting it into soil, and hereinafter referred to as “the primary construction work”).

A) Around December 13, 2012, the primary construction was suspended in accordance with the direction of the Papju City around February 2013, 2013, as a result of a transformation exceeding the permissible value (89.29m) on the Papju structure. D.

Afterwards, the plaintiff, and the defendant requested the Korea Infrastructure Safety Corporation to investigate the causes for the modification of the structure of the so-called "Korea Infrastructure Safety Corporation" as above. ① The Korea Infrastructure Safety Corporation did not conduct geological surveys at the time of designing the instant construction; ② select auxiliary aids or parts of the above or above-mentioned materials as dynasium, ③ the construction of this case was conducted under the status of no management standards because it did not conduct an dynasium test on the materials back to the dynasium at the time of designing the instant construction; ④ both sides of the malnas structure.