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(영문) 서울중앙지방법원 2019.06.20 2018가합546660
공제금 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 3, 2010, the Plaintiffs changed the Plaintiffs’ service cost of KRW 767,677,00,000 for the service contract and mutual aid contract ( KRW 692,845,00, Jun. 2, 2011).

(A) A service contract that is to be executed during the service period from June 10, 2010 to June 9, 2011 (hereinafter “instant service contract”) (hereinafter “instant service contract”).

2) In order to secure liability for damages that may arise in the course of performing the instant service in relation to the instant service agreement, the Plaintiff Co., Ltd. (hereinafter “Plaintiff A”) entered into a compensation mutual aid agreement with each of the Defendant (hereinafter “instant mutual aid agreement”) with the amount of mutual aid coverage from June 23, 2011 to November 30, 2017, and the Plaintiff Co., Ltd. (hereinafter “Plaintiff B”) entered into a mutual aid agreement with each of the Defendant (hereinafter “instant mutual aid agreement”) for the period from June 24, 2011 to November 30, 2017.

The main parts of the General Terms and Conditions of Compensation for Damages, which apply to the instant mutual aid agreement, are as follows.

Article 2 (Compensation for Damages) (1) The Defendant is bound to compensate for any damages arising from legal claims for damages arising from the subject matter of service 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).

(hereinafter referred to as "the scope of damages to be compensated") by the defendant under Article 5 (hereinafter referred to as "the damages to be compensated") are as follows:

(1) The terms "professional occupational affairs" that are paid by the beneficiary to the victim shall mean specialized design, construction supervision, construction feasibility review, technical data calculation, measurement, etc. conducted by design business operators, supervision business operators, construction project managers, etc.

The object of service shall be the result of the service affairs requested by the agency awarding the contract and the result of service affairs.

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