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(영문) 서울중앙지방법원 2014.11.20 2013가합84242

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants’ status 1) Defendant Construction Telecommunications Co., Ltd. (hereinafter “Defendant Construction Telecommunications”)

2) Defendant X-ray Co., Ltd. (hereinafter “Defendant X-ray”)

(2) On May 29, 2012, Defendant EXE subcontracted the production and installation work of video equipment (hereinafter “instant video equipment work”) to Defendant EXE, a co-contractor, and Defendant EXE re-subcontracted the instant video equipment work to Defendant A Co.,, Ltd. (hereinafter “Defendant A”) on August 29, 2012.

B. On September 5, 2012, the Plaintiff entered into a contract with Defendant A on the manufacturing and installation contract for the ED electronic display system (hereinafter “instant system”) to be used in the instant video equipment works (hereinafter “instant contract”) and agreed on the contract amount of KRW 110 million (excluding value-added tax) and the completion date on October 16, 2012.

C. Design change 1) The term of construction of the instant video equipment construction was October 18, 2012, but until September 21, 2012, the sampling of the instant system was not produced in conformity with the requirements of the Ministry of Culture, Sports and Tourism, which is the ordering authority, from September 21, 2012. (2) Accordingly, B, the supervising authority of the ordering authority, as of September 21, 2012, agreed to modify the design (hereinafter referred to as “instant design modification”) by installing the instant video equipment construction by installing the instant video equipment installation other than the instant system (the wall and columns) other than the instant system (46 LED monitors monitors, each of which is 46 columns). However, Defendant X-Is participated in the said meeting.

Defendant A’s rescission of the instant contract is the Plaintiff on September 25, 2012.