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(영문) 서울중앙지방법원 2016.05.27 2013가단5126823
구상금
Text

1. The Defendant’s KRW 458,407,80 for the Plaintiff and KRW 5% per annum from December 1, 2012 to May 27, 2016.

Reasons

1. Basic facts

(a) Transactional relationship of parties, etc. 1) Multifunctional Administrative City Construction Agency (hereinafter referred to as “contracting authority”);

(2) On December 27, 2006, the term “administrative city-high-speed Intercity Transport Facilities (Stage 1) construction work and working design service contract” (hereinafter “instant design service contract”) between the Defendants and the consortiums consisting of, inter alia, the UAS (former trade name before the change: the UAS), the HAS, and the peace engineering and engineering corporation.

(2) The subject matter of the instant design service contract falls under “Class I facility” under Article 2(2) of the Special Act on the Safety Control of Public Structures, and thus, the specialized design supervisor should be required to perform the design supervision in accordance with the Construction Technology Management Act.

Therefore, in relation to the design service contract of this case, the contracting authority is "the design service contract of this case between the defendant and the contracting authority".

3) During the design service contract of this case with the Engineering Mutual Aid Association, the New Co., Ltd. entered into a damage compensation mutual aid agreement with the amount to be deducted as KRW 2,537,161,954.

The main terms and conditions are as follows:

Article 2 (Compensation for Damages) (1) The Union shall be bound to compensate for any damages arising from legal claims for damages arising from the subject matter of services or any property damage to a third party as a result of the direct performance of professional occupation duties stated in securities by the beneficiary (including employees of the beneficiary).

Article 5 (Scope of Damage Compensation) The damages covered by the partnership shall be as follows:

(2) A non-life insurance company, including the Plaintiff, shall be liable for all mutual aid agreements acquired by engineering mutual aid associations during the insurance period between five non-life insurers with the Plaintiff as executive secretary around January 1, 2008, and five non-life insurers with respect to all mutual aid agreements taken over by engineering mutual aid associations:

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