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(영문) 서울고등법원 2015.06.18 2014나18188

손해배상

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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff, who is engaged in civil engineering and construction works for the Plaintiff of CPS Co., Ltd., was awarded a contract from CPS Co., Ltd. (hereinafter “CPS”), for the construction of steel structure (the name of the construction: CPCDE-AO PRJECT) of CPC-type CPCO PRECT in Seosan-si, Seosan-si (hereinafter “CPPS”).

B. On September 9, 2010, the Defendant engaged in the business of manufacturing and installing steel structures against the Defendant (1) to manufacture and install steel-friendly paints construction works against the Defendant (hereinafter “instant construction works”) is deemed to be the instant construction works among the said construction works from the Plaintiff.

(i) 403,700,000 won (including value added tax; hereinafter the same shall apply) for the purchase price;

(2) From September 30, 2010 to November 30, 2012, the term of completion was determined and subcontracted as of September 30, 2010. 2) Of the site site descriptions presented by the site site conference held by the Plaintiff for a bid for the relevant subcontracted projects, the term “the standard work specifications for oil resistant paints” means that, among the site descriptions presented by the site site conference held by the Plaintiff for a bid for the said subcontracted projects, the term “fire resistant paints standard work specifications” should be constructed in such a way that the thickness of the fire resistant paints is lower than the upper limit, middle limit, and upper limit by adding them to 80-875th limit (based on indoor one hour).

3) On December 31, 2010, the Defendant concluded a contract with the Plaintiff to increase the construction cost of this case in KRW 514,140,00, and to change the warranty period from December 31, 201 to December 31, 2012, and to December 31, 2010. 4) The Defendant concluded a contract with the Defendant to change the warranty period from the end of December 21, 2010 to December 31, 2010, to the fireproof design for steel structures during the instant construction from the end of December to January 2, 2011, and concluded a contract with the Plaintiff to settle the warranty period from June 2, 201 to the end of June 21, 201.

C. 1 The Defendant filed a claim for the occurrence of defects and the performance of repair of defects in the steel structure among the instant construction works, when performing fireproof design work on the steel structure, constructed that the thickness of fireproof paints failed to meet the above work specifications standards, and thereby, completed the above work.