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(영문) 서울중앙지방법원 2018.06.27 2017나77819

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

A. On November 2, 2016, the Plaintiff, engaged in the business of dismantling or removing asbestos, was awarded a contract with Suwon Construction Co., Ltd. (hereinafter referred to as “Ampired Construction”) that is a company engaged in the business of maintaining and managing facilities and a joint supply and demand organization (Plaintiff 23.2%, and 76.8%, respectively) on November 2, 2016, with the Defendant for replacement works for the removal of asbestos in a lock pool 2 swimming pool and roof materials, etc. (hereinafter referred to as “instant construction works”), on November 2, 2016, the construction cost for the instant construction work was 260,546,60 won, the start date on November 4, 2016, and the total completion date on December 23, 2016.

(hereinafter “instant construction contract”). B.

On November 4, 2016, when submitting a report on commencement of construction works to the Defendant, the Plaintiff submitted a report on the completion of construction works for dismantling or removing asbestos among the instant construction works along with a process list prescribed by November 28, 2016.

C. On November 17, 2016, the Plaintiff requested the Defendant to change the design of asbestos in relation to asbestos dismantling and removal works on the ground that: (i) the design statement does not contain a measurement of asbestos expense calculation level measuring the quality of air every day during asbestos works in accordance with the Asbestos Safety Control Act; (ii) the interior tent Corporation does not reflect the installation of the interior gate in the daily price; and (iii) the applicant requests the alteration of the design of the interior gate mold (PVC) on the ground that there is a danger of safety accidents during work at the height of the indoor tent work at the same nine meters; and (iv) the applicant requests the alteration of the inner gate pattern (PVC) the combined board (3-5 meters) at the time of dismantling asbestos; and (v) the applicant requests the extension of the construction period according to the request for the alteration of the volume of designated wastes generated at the time of dismantling asbestos.

On November 21, 2016, the Defendant agreed to the Plaintiff on November 21, 2016 that the successful bidder may perform a contract within the total amount, and the Defendant is responsible for preparing a calculation statement as a total tender contractor. As such, the foregoing asbestos cost calculation request and the request for changing the quantity of designated wastes are not made.