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(영문) 서울고등법원 2016.12.27 2015나2061147
손해배상(기)
Text

1. The plaintiff's appeal against the defendants and the claims extended in the trial are all dismissed.

2. After filing an appeal.

Reasons

1. Basic facts

A. On June 30, 2003, the Plaintiff is the Housing Reconstruction and Improvement Project Association established for the purpose of removing existing houses, etc. within the implementation zone of the Housing Reconstruction Project of the 189 Seo-gu Incheon Metropolitan City, Seo-gu, Incheon Metropolitan City 1,2 apartment complex housing reconstruction project on the long-term on June 30, 2003, and constructing a new house (the name of the newly-built house is "Seong-Seun, e.g., the e., the e., the e., the e., the

Defendant Samsung C&T Co., Ltd. (hereinafter referred to as “T&T”) and Large Forest Industry Co., Ltd. (hereinafter referred to as “large Forest Industry”) are a contractor who was awarded a contract with the Plaintiff for the new construction of the instant apartment (hereinafter referred to as “instant construction”).

B. 1) On April 24, 2003, Sung-ju 1 and 2 apartment reconstruction promotion committee of the instant construction contract entered into a public announcement on April 24, 2003 by setting the method of the construction contract for the instant new apartment construction project as the equity share method, and by setting the method of project ordering as the design and the method of project ordering (However, the above reconstruction promotion committee, Si construction, and designer respectively, entered into a contract) and announcing the public announcement. The Defendants were selected as the contractor in the above bidding procedure on June 11, 2003. 2) Thereafter, the Plaintiff established on June 30, 2003 as the contractor, and the Defendants entrusted the work of design service for the instant construction project to the Ppuri Construction Corporation, Inc., a contractor as the contractor (hereinafter referred to as the “Construction Corporation”).

3) The Plaintiff is the head of Daegu Metropolitan City Seo-gu, a competent authority (hereinafter “the head of the Seo-gu”).

(i) drawings and specifications received from the construction of ppuri buildings (hereinafter referred to as “the first approved drawings and specifications”);

(1) On November 17, 2004, the head of the Gu submitted its submission and obtained the approval of the project implementation plan for the said reconstruction project from the head of the Gu, and on May 12, 2005, the construction contract between the Defendants and the Defendants for the instant construction project (hereinafter referred to as “the construction contract”).

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