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(영문) 광주고등법원 2015.09.23 2014나2456

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed.

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

purport, purport, and.

Reasons

1. Basic facts

A. On March 23, 2009, Japan concluded a construction contract with the purport that the construction of the first, second, and third sections of the construction contract (the contract amount was changed to KRW 12,780,85,000) will be executed with the total contract amount of KRW 13,395,00,000 (the contract amount was changed to KRW 12,780,85,000) between the port of port and port of port. At the time, the Plaintiff provided joint and several surety obligations under the above construction contract with respect to the instant construction project.

The Defendants around that time entered into a responsible supervision service contract for the instant construction project between the port of port and port of port, and delegated the supervision from the port of port to the port of port, and performed the responsible supervision for the instant construction project.

B. On December 17, 2009, Japan completed the first construction among the instant construction works, and received KRW 2,567,407,00 as the construction price, and KRW 4,603,906,00 as the construction price after completing the second construction among the instant construction works on December 20, 2010.

However, during the process of the instant construction project, Japan discontinued the instant construction project due to financial difficulties. On May 30, 2012, the Posito notified the termination of the instant construction contract to the Newtototop, and requested the Plaintiff, a joint guarantor, to perform the remainder of the instant construction project, and the newtop waived waived waived the instant construction project around that time.

C. On June 5, 2012, the Plaintiff, Japan, Posito, and the responsible supervisor A attended and discussed the other Sections of the instant construction project and the Plaintiff’s meetings for the Plaintiff’s acquisition of construction works. As a result, on June 11, 2012, the details of the construction of the instant project were confirmed and the Plaintiff was to continue to perform the instant construction project after continuing to perform the construction project from Japan.

The responsible supervisor A, assistant supervisor B and the construction management officer affiliated at port of port of June 18, 2012 are present at the attendance of the plaintiff, the first soil, and the construction mutual aid association.