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(영문) 서울중앙지방법원 2013.11.08 2012가합90431

공사대금 등

Text

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

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

Reasons

Basic Facts

On February 17, 2009, the Plaintiff entered into the instant contract with C-D Road Construction Works (hereinafter “instant contract”) from the Urban Infrastructure Headquarters under the Seoul Special Metropolitan City (hereinafter “Defendant Seoul Special Metropolitan City”) by stipulating the construction period on February 17, 2009 from February 27, 2009 to January 31, 201, and entered into the instant contract with the Defendant Seoul Special Metropolitan City by setting the period of construction from February 27, 2009 to January 31, 201. On January 14, 2010, the period of construction from January 14, 201 to February 26, 201.

The instant construction is for the construction of a new road from C to D roads. Since the construction of a new bridge includes the construction of a new bridge, it is necessary to install a shift, which is the pole that ends on both sides of the bridge.

On December 26, 2008, the Urban Infrastructure Headquarters under Defendant Seoul Metropolitan Government concluded a full responsible supervision service agreement with Defendant A Co., Ltd. (hereinafter “Defendant supervision company”) regarding the instant construction project.

Defendant B is an employee of the Defendant supervising company, and served as a responsible supervisor of the instant construction site from December 29, 2008 to August 201, 201.

Among the instant construction works, the contract specifications of the instant contract, which is conducted by Ebridge 1 and 2-related testing stations, include the type of construction of the “resting survey” and “construction cost of machinery and apparatus” in the ground investigation items during construction.

On October 23, 2009, the Plaintiff submitted to the responsible supervisor a test monitoring plan to verify the soil quality of the site and to calculate the proper length of the lecture file during the instant construction work, and requested approval from the competent supervisor. On October 26, 2009, the responsible supervisor, on October 26, 2009, a shift 1 and the second surrounding test monitoring is a forest that is indicated in the direction of depth of the nature, Ne value, underground level, soil quality test sign value, etc. on the basis of the visible results of the ground survey at the time of the main ground survey.