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(영문) 대구지방법원 2015.08.21 2015가합292

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff as a party is a company with the main purpose of exhibition business, exhibition video production business, etc., and C operates the Plaintiff as a real representative. The Defendant is a company with the main purpose of indoor construction business, model, and exhibition product production business, and D operates the Defendant as a real representative.

B. On December 2009, Daegu City: (a) around December 26, 2009, the Plaintiff received a plan from the Plaintiff for building costs E (presumed total project cost estimate); (b) the average unit cost table per domestic museums and exhibition halls; and (c) the public invitation and design and construction schedule for building and installation of E (library). On May 26, 2010, Daegu City formulated a plan for building E (hereinafter “the public invitation of this case”) by means of public offering, “the public offering for building design and the public offering for manufacturing and installing exhibits” (hereinafter “instant public offering”).

A) The public notice of the decision was made (in response, not more than 2 co-conforms between the architectural design firm and the exhibition firm, and the representative firm shall be the architectural design firm, and the exhibition sector firm shall limit the "on-site construction business" to the registered entity under the provisions of Article 9 of the Framework Act on the Construction Industry.

[2] The Defendant, as an indoor building contractor, subscribed to the instant contest jointly with F Co., Ltd., a building design firm, and was selected as a company manufacturing and installing architectural designs and exhibits together with F Co., Ltd. on July 21, 2010.

C. On May 22, 2012, the Defendant entered into a construction contract with the Daegu Si and the Defendant, etc. (hereinafter “instant construction contract”) with the Daegu Si and E exhibition articles production and installation works (hereinafter “instant construction works”).

() The contract was concluded by setting the contract amount of KRW 796,80,000, but the contract was concluded on December 28, 2012 to increase the contract amount of KRW 934,290,000. (2) The Defendant, before June 13, 2012 during the instant construction, was entrusted with the installation of the film equipment part to Aice Co., Ltd., and the production of the film part of the instant construction to Non-Telecommunications Co., Ltd. on August 2012.

[Judgment of the court below]