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(영문) 서울고등법원 2016.06.28 2015나23194
손해배상(기) 등
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant (Counterclaim) is jointly and severally liable to the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On June 23, 2010, the Plaintiff entered into a supervision service contract with the Plaintiff and the Defendants, the Korea-U.S. Global architectural firm (the trade name at the time was the Korea-U.S. Global architectural firm, but its trade name was changed thereafter.

hereinafter referred to as "Korea-U.S. Global"

) As between the Plaintiff and the existing factory on the land listed in the separate sheet owned by the Plaintiff (hereinafter referred to as “4 factory”) and the existing factory on the adjacent site (hereinafter referred to as “three factory”).

2) The construction of a passage connected to the connection (hereinafter referred to as “instant construction”).

As to the design phase, Defendant Han-U.S. Global performs the duty of review, supplementation, etc. of design documents at the design phase, and the CM management and supervision services contract (hereinafter “instant supervision contract”) with the content of conducting the duties of quality tests, inspection, supervision, etc. at the construction phase.

(2) On June 13, 2011, the Plaintiff entered into a construction contract with the Defendant Hyundai Engineering Co., Ltd. (hereinafter “former Engineering”) with respect to the instant construction work (hereinafter “instant construction contract”) as the construction cost of KRW 60,560,000,000 for the instant construction work (hereinafter “instant construction contract”).

B. On July 201, 201, Defendant Hyundai Engineering commenced construction of soil and provisional facilities among the instant construction works. On July 28, 2011, in order to reduce cost, Defendant Hyundai Engineering installed a wall for soil strings outside the site of the construction method, which is the walls of the instant construction works, and installed at the central part of the central part of the construction in order to install a belt and server team in accordance with the excavation by phase, and instead use an H lectures (IPS; Inc.V Preved Group Report) in the public law team.

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