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(영문) 서울동부지방법원 2012.11.23 2010가합6190
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 305,60,064 to the Plaintiff (Counterclaim Defendant) and its related amount from April 23, 2010 to November 23, 2012.

Reasons

1. Basic facts

A. On May 15, 2008, the Plaintiff entered into a contract for construction works with the Defendant during the period of construction from May 15, 2008 to November 30, 2008, with respect to non-explosion of Section 4-4 Section (Semi-Seel-Seeld crosssection located between Choyang-si and Yangyang-gun, Namyang-si), among the cost of construction works, with respect to Non-explosion-4 Section (Semi-Seel-Seel-Sed Section) of the Yangyang-gu Section (hereinafter “instant construction”). The main contents are as follows.

Article 6 (1) (Commencement and Progress of Construction) (1) The defendant shall submit the commencement date within five days from the date of conclusion of the contract and shall immediately commence construction upon the direction of the plaintiff.

(2) In the progress of the construction work, the Defendant shall ensure that construction of other underground structures and sections of the construction work does not interfere with the progress of the construction work in cooperation with the construction executor.

(3) The Defendant must undertake construction to ensure that this construction does not conflict with relevant laws and regulations, such as the Urban Gas Business Act and the High-Pressure Gas Stabilization Control Act.

(4) The Defendant shall prepare and execute geological surveys and design drawings for the construction project, and the design drawings provided by the Plaintiff shall be reference materials.

(5) A separate procedure, such as authorization, permission, or approval, must be carried out with respect to matters subject to separate regulation (such as environmental, land, river, fire-fighting, private land, etc.) following the implementation of the project.

(6) The defendant shall be responsible for all duties, such as authorization, permission and execution related to the contracted construction work, civil petition settlement, etc.

(7) The Defendant shall be responsible for the present project until completion is completed, and in any case shall be treated as completion.

Article 11 (1) (Change of Design) If the plaintiff deems it necessary to suspend the execution of a part or whole of the construction work, or to modify the design, the defendant.

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