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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The plaintiff is a company established for the purpose of electrical construction business, and the defendant is a corporation established under the Framework Act on Railroad Industry Development and the Korea Rail Network Authority Act to carry out the construction and management of railroad facilities.
- General conditions of the construction contract - Article 14 (Construction Site Agents). (2) The construction site representative shall stay at the construction site and process all matters concerning the management and construction of the construction site in accordance with the contract documents and the instructions of the construction supervisor.
Provided, That this shall not apply where the construction has been interrupted for a certain period and approved by the ordering agency.
Article 17 (Reporting on Commencement and Process) (1) The other party to the contract shall commence the construction as prescribed by the contract documents, and shall submit a report on the commencement of construction including the following documents to the ordering agency at the time of commencement:
(2) If it is necessary to modify the documents submitted pursuant to paragraph (1) due to a design change or amendment to the terms and conditions of the contract during the execution of the contract, the other party to the contract shall modify the relevant documents;
- Special Conditions for Construction Contract - Article 16 (Imposition of Irregular Points and Disadvantage Disposition) where defective construction works occur or are likely to occur due to the failure of the other party to the contract faithfully performing the contract, or where the contract is not implemented in accordance with the terms and conditions of the contract, the Corporation may take unfavorable measures, such as imposition of defective
- Specifications - 2.2. EZ0202 Contractors shall submit the following specifications within the designated date (7 days) with the review and consent of the supervisor who prepared and approved the documents in accordance with the form of “Construction and Service Management Regulations”:
2.2.1.The power of attorney at the site 2.2.2.2.2.9 the letter of attorney at the site 1.3. EZ030102 Labor Management. On site 1.3.2. the field agent must comply with the following:
2. The field agent shall be at will on the site without the approval of the supervisor.