손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is a company that was awarded a contract with Ulsan Metropolitan City and the educational foundation C (hereinafter “C”) for the earthquake-proof reinforcement works, etc. (hereinafter “instant construction works”) from the F Co., Ltd. (hereinafter “F”) that was awarded a contract with the Nam-gu Seoul Metropolitan City, Ulsan Metropolitan City and the E-high school foundation C (hereinafter “C”), and the said construction works are a company that was awarded a subcontract en bloc, and the Defendant is a supervisor who entered into a contract with the Ulsan Metropolitan City and C to supervise the instant construction works.
2. The plaintiff's assertion that part of the evaluation of earthquake-proof performance and design documents for earthquake-proof reinforcement should have performance above the rating of earthquake-proof performance.
2. While stating that dyscopic explosions should be used, the cost account statement stipulates that Arabic fiber fibers, etc. should be used as “materials with no performance higher than that of a dyscopic grade”.
Therefore, although the Plaintiff demanded the change of the design to the Defendant into the performance materials above the annual grade, the Defendant rejected the increase in the construction cost on the ground that the amount of the construction cost was not approved in advance, the Plaintiff was bound to complete the inorganic smoke reduction due to the additional construction (self-construction).
As can be seen, the Defendant was liable to compensate the Plaintiff for damages equivalent to KRW 71,595,296, which is the construction cost, on account of the Plaintiff’s negligence in design and construction cost calculation, due to the Plaintiff’s negligence.
3. Determination is based on the obligation of the Defendant to design the construction works to comply with the purpose of the construction works as a supervisor and to supervise construction works in compliance therewith. As such, the other party to whom the Defendant is obligated to perform is the party to the supervision contract, Ulsan Metropolitan City, C, which is a party to the supervision contract, even if the Defendant breached its obligation, such obligation alone does not constitute an illegal act against a third party.
In addition, if the subcontractor performs the additional work outside of the design, it will be caused.