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(영문) 울산지방법원 2015.10.16 2015가단52762

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On October 2014, the Plaintiff was awarded each contract for “B” and “C” (hereinafter “instant construction”) from the Nam-gu, Ulsan Metropolitan City and Ulsan Metropolitan City.

B. On November 2014, the Plaintiff and the Defendant concluded a contract including the following purport:

(hereinafter referred to as the “instant contract”). - The Plaintiff shall purchase and prepare some of the materials necessary for the instant construction work.

- The defendant shall introduce affiliated parts to the site.

- The Plaintiff shall pay the amount to the Defendant after obtaining approval from the competent authority for the instant construction work.

C. The Defendant, from November 10, 2014 to February 24, 2014, invested approximately 107 human resources at the construction site of the instant case, and received some materials from Nonparty Co., Ltd. (hereinafter “Nonindicted Company”).

The instant construction was completed around November 24, 2014, and there was a defect in the reported work completion and the sidewalk package was separated.

(hereinafter referred to as the instant defect) Around December 2014, Ulsan Metropolitan City, Nam-gu, etc. demanded the Plaintiff to take measures against the said defect.

E. On December 2014, the Plaintiff performed the defect repair work that occurred in the instant construction work.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3, 4, Eul evidence 1, witness D, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s major assertion (A) is similar to a kind of technical contract. The Defendant, at the time of the instant contract, agreed to complete the instant construction without any defects by inserting his human resources and technical capabilities (such as the selection of materials, mixing, and packing technology).

In fact, the Defendant shall direct and supervise the Plaintiff and the parts employed by the Plaintiff, and directly input the parts of the Plaintiff and the parts at the site of the instant construction work, and make them available for the selection of materials, self-production, packing, and the thickness.