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(영문) 울산지방법원 2017.11.23 2016가합22543
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff to pay KRW 1,269,839,922 to the Plaintiff as well as the amount from August 12, 2016 to November 23, 2017.

Reasons

1. Facts of recognition;

A. 1) The Administrator of the Public Procurement Service entered into a design, supervision and contract for construction (1) on December 9, 2008 and the Busan Certified Architect Co., Ltd. (hereinafter “D, etc.”)

2) The construction of a new school building and a site suspension project (hereinafter referred to as “new construction project of this case”).

) A design service contract for the construction and civil engineering sector (hereinafter “instant design contract”)

(2) On April 9, 2009, the Administrator of the Public Procurement Service concluded a responsible supervision service agreement with the Defendants’ auxiliary intervenors (hereinafter “ intervenors”) regarding the construction and civil engineering portion of a new construction project (hereinafter “instant supervision agreement”).

3) The Administrator of the Public Procurement Service, on May 28, 2009, refers to the construction in south of the Republic of Korea on May 28, 2009 and the construction in the Republic of Korea and the construction in the Republic of Korea and the construction in

(i)the joint contractors (shares: 51 per cent of the Nam Young Construction; 49 per cent of the case) and the amount of construction works shall be KRW 23,797,660,000, the period of construction shall be from May 28, 2009 to September 20, 2010; the rate of liquidated damages for delay shall be 0.1 per cent of the amount of construction works for each newly constructed construction (hereinafter referred to as “instant construction contract”).

(4) The Plaintiff is a procuring entity that is obligated to pay the price for construction works, design, and supervision contracts concluded by the Administrator of the Public Procurement Service pursuant to subparagraph 4 of Article 2 and Article 3 of the former Public Procurement Service Act (amended by Act No. 9830, Dec. 29, 2009) and Article 2 subparagraph 4 of the same Act (amended by Act No. 9830, Dec. 29, 2009).

B. 1) The design process of the original design and the revised design 1) D is deemed to be the Duna-N Co., Ltd. (hereinafter “Mona-N”) with respect to the design of the part of civil engineering under the design contract.

) The subcontractor was the subcontractor, and Habbbst Co., Ltd. (hereinafter “Habststst”) was the subcontractor.

2) D, etc. re-subcontracts the design of retaining wall on the south side of the new construction site. 2) D, etc.

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