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(영문) 대법원 2020.10.29 2020다243945
케이블 교체비용 등 청구
Text

The appeal is dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The summary of the instant case (Counterclaim Plaintiff; hereinafter “Defendant”) concluded the instant service agreement with the Defendant’s Intervenor (hereinafter “ Intervenor”) to construct C and D nuclear power plants (hereinafter “instant electric power plant”).

The Intervenor, according to the instant service agreement, performed the design, engineering, and technical support work with respect to the instant power plant in accordance with the design, engineering, and technology support work, and, in the event of any change in the technical specifications, intended to issue and submit a summary thereof.

The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) concluded each of the instant contracts with the Defendant, and produced and supplied each of the instant facilities, which are electrical facilities to be used in the instant power plant.

The Defendant, while using cables in accordance with the standards set forth in 383-2003, was required to install cables in each of the instant facilities by the Plaintiff while requiring the Plaintiff to use cables in accordance with the E 383-1974.

The Plaintiff replaced the non-safety grade cable (Non-Class 1E) cable used in each of the instant facilities.

2. Each of the instant contracts and the technical specifications applicable pursuant to each of the instant reports (Defendant’s grounds of appeal Nos. 1 and 1 and 2)

A. As the interpretation of a juristic act clearly establishes the meaning that the parties gave to the act of indication, it is a principle to interpret it in accordance with the language used by the parties, however, it shall not be tangled with the language used by both parties, and the true intent of both parties shall

If the agreement of both parties is reached, the contract shall be deemed to have been concluded in accordance with the content agreed upon by both parties, even if it differs from the content stated in the contract.

b) the Commission;

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