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(영문) 서울남부지방법원 2013.06.04 2011가합2334
채무부존재확인
Text

1. On August 28, 2008, between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), the contract for new construction of the Seoul Jung-gu Seoul metropolitan building.

Reasons

1. Facts of recognition;

A. The status of the parties is a company aimed at the printing manufacturing business, etc., and the defendant is a company that aims at the construction work business.

B. (1) On August 28, 2008, the Plaintiff concluded a standard construction contract for private construction works (hereinafter “instant contract”) with the terms that the Defendant and the Jung-gu Seoul Central District Government (hereinafter “instant land”) will make a contract for the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction cost of KRW 9.46 billion (including value-added tax) and the construction period of KRW 9.46 billion (including value-added tax) and from September 2008 to August 31, 2009 (hereinafter “instant contract”).

(2) Of the terms and conditions of the standard contract for private construction works attached to the instant contract (hereinafter “instant general terms and conditions”), matters relating to the issues of the instant case are as follows.

(1) In order to prevent industrial accidents, the defendant shall take appropriate measures, such as the installation of safety facilities and subscription to insurance, etc., and for this purpose the plaintiff shall include the amount equivalent to the safety management expenses and the insurance premium for industrial

(Article 13(1). Liability for industrial accidents occurring at a construction site shall be borne by the defendant.

Provided, That where a disaster occurs due to a design defect or the work requested by the plaintiff, the right to indemnity may be exercised against the plaintiff.

(2) When the installation of additional facilities is required due to the occurrence of unexpected conditions in the course of construction or due to the modification of the business plan, etc., the plaintiff shall modify the design.

(Article 19(1). A contract amount shall be adjusted when an increase or decrease in the volume of construction has occurred due to the modification of a design under paragraph (1).

(3) Article 25(3) provides that “Article 26(3)” shall be construed as “Article 26(3) where the Plaintiff delays the payment of the contract price, but this shall not apply to Article 25(3).

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