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(영문) 서울중앙지방법원 2014.01.16 2013가합71895
구상금
Text

The Plaintiff, the Defendant’s drawing engineering corporation, 94,825,571 won, and the Defendant Dae General Construction Corporation.

Reasons

1. With respect to the creation work of Anamdo basin (the first phase of the Management Work in the following) (hereinafter referred to as the “instant construction work”), the lower court concluded a contract for design, construction and supervision as follows with the Plaintiff, the Defendant corporation’s drawing engineering (hereinafter referred to as the “Defendant drawing”), the Defendant Alternative Construction Co., Ltd. (hereinafter referred to as the “Defendant Substitute Construction”) and Sambu Construction Co., Ltd. (Seoul District Court Decision 2009 Mahap15, May 6, 2009). Defendant 3 is the manager. The lower court concluded a contract for design, construction and supervision with respect to Samdo Construction Co., Ltd. (hereinafter referred to as the “Rehabilitation Company” and Defendant 3 as the “Defendant Manager”).

(1) On December 31, 2001, some of the following contracts were modified after the change of the contract amount, contract period, etc. (hereinafter referred to as “contractors”). On May 18, 2001, Plaintiff 431,229,000 for the original design service contract date (the original contract date) and the construction contract between May 24, 2001 and October 23, 2001, Defendant Substitute System, Debtor Rehabilitation Company (joint Supply Company), and Rehabilitation Company (365 days after commencement of construction work), which were installed at 3,000,000 and 4,000,000, which were located around the Seo-gu 2, 365,000, and was divided into the flood pumps and 4,000,000 square meters around the Seoul metropolitan area.

After the completion of the instant construction, the phenomenon of doping on September 25, 2009, which occurred in the detention basin, and the construction of new drainage pipes and the bank of tidelands adjacent to the coast roads using banks and embankments was boomed, and there was a common phenomenon due to the construction of some earth and sand on the coast roads.

(hereinafter referred to as the “instant defect”). The management corporation shall take precedence over others.

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