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(영문) 서울남부지방법원 2015.12.28 2014가합102136
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) global industry company and the Defendant mobilization plastic company are jointly used.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On August 9, 2011, the Plaintiff entered into a subcontract for the construction of irrigation water and equipment (hereinafter “instant construction”) among the instant construction works, and continued the construction work by setting the construction price of KRW 929,50,000 (including value-added tax) and the construction period from April 2, 2013 to June 30, 201, when the contract for the construction of irrigation water and equipment (hereinafter “instant construction”) was terminated between the Multiwon Construction Co., Ltd. (hereinafter “Dawon Construction”), the Plaintiff entered into a contract for the instant construction works and continued the construction work by setting the construction price of KRW 929,50,000 (including value-added tax) between the Multiwon Construction Co., Ltd. and the Daren Construction Co., Ltd. (hereinafter “Dawon Construction”).

B. In order to prepare materials necessary for the instant construction, the Plaintiff entered into a goods supply contract with the Defendant Global Industry from November 7, 201 to April 2013, 201, and was supplied with plastic pipes (PE10 PN12.5, 630D diameter of 630 meters; hereinafter the same shall apply) manufactured by the Defendant’s mobilization plastic from the Defendant’s global industry, and products attached thereto.

C. On April 2013, the Plaintiff laid down plastic pipes supplied from Defendant Global Industry to time at the instant construction site, and conducted a pipe water test on May 10, 2013. On the other hand, there was a phenomenon where the PE10 PN12.5 150D products supplied from Defendant Global Industries were destroyed during the test.

From May 15, 2013 to May 27, 2013, the Plaintiff entered into a construction project to replace part of the above pipes with the pipes of the same specifications manufactured by another company. D.

The Plaintiff and the Multiwon Construction agreed on June 30, 2013 to extend the construction period of the instant construction to September 30, 2013.

E. Multiwon Construction, on November 28, 2013, the opening of a golf course is postponed due to the delay of definite seed of the golf course to the Plaintiff.

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