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(영문) 전주지방법원 2015.04.24 2014가합6236

구상금

Text

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

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

Reasons

1. Basic facts

A. On December 30, 2008, the Defendant entered into a contract for road expansion works among B with Yangyang Construction Co., Ltd., a limited partnership company, and the Korea Land and Transport Management Office of the Korea Land and Transport. On March 26, 2012, the Plaintiff was awarded a subcontract from the Defendant for household facilities construction works necessary for construction of D to be built in the neighboring sea of 124m2 in the Jeonan-gun, Seoul Forest and fields (hereinafter “instant household facilities construction”).

B. On May 13, 2012, the Plaintiff leased a 13 sn beam beamer, a steel structure, to be installed in a bridge, including a driver, on May 13, 2012, the Plaintiff leased a 50 ton weighter of F.50 tons from E (hereinafter “instant weighter”).

C. G, an employee of the Plaintiff, the site director of the instant family facility construction, requested the Defendant to perform the ground work necessary for the instant mid-term work at the request of H, which was known to E as an employee of the instant family facility construction.

Accordingly, around May 12, 2012, the defendant used to cover large stones as requested by H at the place where the instant weather season is to be installed, and used to open a small stone to a small scale of excavation, and to set the ground therefor. D.

At around 07:30 on May 13, 2012, I, a driver of the instant flag, arrived at the site of the instant provisional installation works, checked the installation of a string machine at the location of G and H, and reinforced with the string of stone in the vicinity of part of H, and subsequently, it is no longer necessary to reinforce the ground. The I, a driver of the instant flag, determined that it is no longer necessary to reinforce the ground, and installed a string machine of this case using a string (land) with a string on the string part of the instant base.

In addition, from around 08:00 on the same day, the sn beam using the instant devices installed in a bridge with the sn beam light. The first and the second sn beam installed in a bridge without any problem, but on the same day, 08:30 on the same day.