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(영문) 대구지방법원서부지원 2013.07.05 2012가합1079

손해배상(기)등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are stock companies engaged in housing construction, sales business, civil engineering construction business, etc., and the defendant is a stock company engaged in reinforced concrete construction business, soil construction business, etc.

B. On December 2005, the Plaintiff is jointly with the Construction in question, and the Republic of Korea (competent Busan Regional Land Management Office; hereinafter “National Land Management Office”) is jointly with the Construction in question.

After being awarded a contract for river renovation works in B district, from January 209 to the Defendant from January 5, 2009, the said construction works and reinforced concrete construction works were subcontracted to the Defendant. 2) After concluding a contract with the National Land Management Agency, the Plaintiff entered into a subcontract agreement with the Defendant on April 25, 201 with each of the following contents (hereinafter referred to as “instant subcontract agreement”). < Amended by Act No. 10687, Jan. 27, 2011; Act No. 11378, Dec. 15, 2012; Act No. 1060, Apr. 25, 2011; Act No. 10685, Apr. 25, 2011; Act No. 10688, Apr. 1, 2011; Act No. 10687, Apr. 28, 2011>

Contract price: 1,652,791,135 won of reinforced concrete construction (total contract price of 5,377,00,000 won - contract price of 3,724,208,865 won up to 6th), and 2,091,482,319 won of earth construction (total contract price of 4,605,00,000 won - up to 6th construction price of 2,513,517,681 won): From November 25, 2010 to December 20, 201 (construction completion) : 3% of the contract price; 0.1% of the contract price; 0.1% of the contract price; 0.24,208,208,207,208,208,208,200,708,200,708,208,2008.

Since then, according to the agreement between the National Land Management Office and the Plaintiff on February 1, 2012, the completion date of the instant First Construction Works is the same.