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(영문) 광주지방법원 2020.02.20 2017가합51315
공사대금
Text

1. The Defendant’s KRW 121,835,376 to the Plaintiff and KRW 6% per annum from March 3, 2017 to February 20, 2020.

Reasons

1. Basic facts

A. On June 30, 2015, the Plaintiff concluded a contract with the Defendant and C (hereinafter “instant construction”) to set the contract amount as KRW 1,316,947,350, and as of February 26, 2016, the completion completion date of the construction to be completed as of February 26, 2016, and entered into a modified contract with the Defendant and C (hereinafter “instant construction”) on May 26, 2016, which delayed the completion date of the construction to be completed on March 14, 2016.

B. According to the instant construction contract, the Defendant provided the Plaintiff with the electric wires necessary for the construction. Accordingly, the Defendant supplied the Plaintiff with the electric wires produced by D (hereinafter “D”) and E Co., Ltd. (hereinafter “E”) (hereinafter “E”).

C. On October 22, 2015, while the Plaintiff was engaged in C work using D electric wires, 4 upper group 4 lines were completed, and 1 upper group 1 lines were connected to the end line. At 20 meters from F. F. H. 20 meters from F. F. H., the phenomenon of the AL small line was caused by the extension of electric lines to the electric wires of the upper group installed with the power line (hereinafter “explosive phenomenon”). D.

On December 7, 2015, the Plaintiff, the Defendant, and D discussed whether the cause of such abnormal phenomenon was erroneous in the construction process, and agreed to identify D and the Plaintiff to request the Korea Electric Research Institute to determine whether D electric wires meet the Defendant’s electric standard.

Accordingly, in accordance with the result of the examination of defects in electric power lines, the plaintiff and D are "written statement of compensation of this case" that imposes the costs for reconstruction and re-transmission of electric wires as follows:

) The manufacturer and the trial corporation jointly signed a defect determination body. The manufacturer and the trial corporation shall request the Electric Research Institute (KERI) to consult with each other, and the result of the determination of the defect inspection of electric power lines of the Electric Research Institute (theor production of the construction machinery) shall be taken over and electric wires accordingly.

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