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(영문) 청주지방법원충주지원 2014.12.11 2012가합907
손해배상(기)
Text

1. As to the Plaintiff’s KRW 283,180,000 and KRW 101,000 among them, the Defendant shall start on June 13, 2012, and the remainder of KRW 182,180.

Reasons

1. Basic facts

A. The Military Energy Co., Ltd. (hereinafter “Military Energy”) awarded a contract for the construction of Hanhwa Construction Co., Ltd. (hereinafter “Korea-U.S.-U.S.-U.S.-U.S.-U.S.-U.-U.S.-U.S.-U.S.-U.S. Co., Ltd. (hereinafter “U.S.-U.S.-U.-U.S.-U.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.

On December 2007, the Plaintiff entered into a sub-subcontract with the Defendant regarding the “sponsing construction works for the section 1 and 3 pipes (hereinafter “the instant table construction works”)” during the instant pipeline construction works.

B. Around July 30, 2008, the Plaintiff completed the instant pipeline construction, including the Yongsan Corporation that performed by the Defendant, but around July 30, 201, the Plaintiff requested the Korea Commercial Arbitration Board to arbitration as to the cost of defect repair on the ground that there was a defect in water supply of pipes among the instant pipeline construction.

C. On August 13, 2013, on the ground that the appraisal results of the pipeline construction in this case (hereinafter “instant arbitral appraisal”) are recognized, the Korea Commercial Arbitration Board (hereinafter “Korea Commercial Arbitration Board”) paid 3.9 billion won to military energy jointly and severally with the Plaintiff and the Korea Commercial Arbitration Board (hereinafter “Korea Commercial Arbitration Board”) in relation to the parts of the defect repair progress, and (2) with respect to the remaining parts of the defect, the Plaintiff and Korea Commercial Arbitration Board (hereinafter “Korea Commercial Arbitration Board”) jointly and severally carry out the remaining defect repair works, such as reconstruction in the vicinity of the outer part (hereinafter “the instant additional repair works”), but if the said repair works have not been completed in order to secure the performance of the said repair works in good faith, the amount of compensation liability corresponding to the portion of the completed parts, and the rate of implementation of the Miter pipeline re-sing.

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