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(영문) 서울고등법원 2015.04.30 2014나2022220

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 23, 2009, Seoul Special Metropolitan City B (hereinafter “B”) under the Defendant-affiliated Co., Ltd. (hereinafter “C”) awarded a contract for a new construction work (hereinafter “instant construction work”), and C awarded a contract for a part of the construction work to the Yangyang Public Co., Ltd. (hereinafter “Usan Public Co., Ltd”).

Under the general conditions of the construction contract of the local government, which is part of the contract terms of the instant construction contract, the contract terms of the local government stipulate that the contract owner may notify the contracting party of the change of the method of construction or the proper performance of construction works.

B. At the time of designing the instant construction project, the Plaintiff engaged in a manufacturing business of arttail, etc. with the trade name of “E” provided a design for the termination of the wall surface of underground news reports. On March 2010, the Plaintiff submitted a design for the termination of the wall surface prepared by the Plaintiff, and around three to four occasions, the Plaintiff determined that the design should be attached to the wall surface 916 square meters (670 square meters in the main line, 246 square meters in the new section) via a field agent G and a meeting with the Plaintiff and the Plaintiff.

C. On April 15, 2010, the Plaintiff’s on-site agent stated the request for the original supply approval on the product data and samples of “environmental design block” (hereinafter “instant block”), which is the wall for the design of the Plaintiff (hereinafter “instant block”). On April 19, 2010, the supervisor of the responsibility of the instant construction project, stated the review opinion that the test performance sheet satisfies the quality standards, and notified the original supply approval on the instant block.

The mountain co-ownership shall immediately be the same year between the Plaintiff and the Plaintiff for the construction of the instant block to be attached to the wall 916 square meters (670 square meters in the main line, 246 square meters in the new section) among the instant construction works, which is 190,000 won (including construction expenses, value added tax), and the period from April 21, 2010 to April 21, 2010.

6. As of 30. The construction agreement was concluded with the content of re-subcontracting.

In this case, "the above arrangement" is the case.