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(영문) 창원지방법원마산지원 2016.05.18 2014가합1843
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On October 13, 2010, the Plaintiff entered into a contract with the public relations industry under which the cost of the instant construction works was awarded for KRW 23.65 billion to the public relations industry (hereinafter “instant construction contract”) from the public relations industry corporation (hereinafter “public relations industry”). The Defendant was in charge of the design and supervision of the said construction works.

B. In collusion with the public relations industry, in order to lower the cost of transporting and treating products (to sand, doping, and blasting cancer) produced in the course of performing the instant work during the instant work, the Defendant calculated the cost of transportation by dividing the cost of transportation by earth and sand into earth and sand, doping, and blasting cancer, without calculating the cost of transportation by the design budget, by falsely calculating the cost of transportation by the lowest cost of earth and sand, and notified the Plaintiff of the total amount of construction cost without issuing the design budget or unit price calculation sheet. Based on this, the Defendant determined the construction cost of this case.

C. The Defendant’s act constitutes a tort by deceiving the Plaintiff as if the construction cost stipulated in the instant construction contract reflects the size or cost of the construction project. The Defendant is liable for compensating the Plaintiff for the increased portion of the cost of private land transport cost, which was determined by the actual transport of the Plaintiff, according to the nature of the land actually transported. The Plaintiff first seeks payment of the amount claimed as part of the claim.

2. Comprehensively taking account of the purport of the entire arguments in evidence Nos. 1 and 2 as a whole, the Plaintiff was awarded a contract for the instant construction work from the public relations industry on October 13, 2010 for the construction cost of KRW 23.65 billion, and the Defendant was in charge of the construction supervision. The estimated contract amount according to the design budget of the instant construction work is KRW 71.31 billion, the estimated contract amount according to the design budget of the instant construction work is calculated by dividing the soil cutting devices among soil work, the soil piling type is divided into earth and sand cutting, doping and blasting rock, but the unit price and quantity of soil piling type is calculated by dividing the unit price and quantity among soil work. However, the type of construction work (dump transport within a complex) is

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