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(영문) 서울고등법원 2020.10.30 2019나2031595
손해배상(건)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the instant case, is as stated in the reasoning of the judgment of the court of first instance, except where the judgment is used by either the following or the judgment is added by the court of first instance, thereby citing the summary of the judgment including the summary of the judgment in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Under the second part of the judgment of the first instance, the term “J Co., Ltd.” in the 6th and seventh acts shall be dismissed as “J. Co., Ltd.,” and the following acts shall be deleted: “The Plaintiff shall be the representative of the said joint supply and demand organization” in the 5th and sixth acts (hereinafter “instant joint supply and demand organization”); and the following acts shall be dismissed as “the Plaintiff shall be the representative of the said joint supply and demand organization.”

Part 3 of the judgment of the court of first instance, "B. the conclusion of the subcontract of this case and the defendant's subcontract of this case" shall be "B. the subcontract of the construction work to the defendant", and Part 5 shall be "the joint contractor of this case" (hereinafter referred to as "joint contractor of this case") excluding K corporation among the joint contractors of this case as stated in the above paragraph (a).

Article 3 (Construction, etc.) (1) B (Defendant) The terms and conditions of this contract and design documents (including construction specifications, design drawings and site descriptions: Provided, That in cases of the total unit price contract, the calculation sheets shall be included in the calculation sheets, and the forms shall apply mutatis mutandis to the forms prescribed by the Accounting Rules of the Ministry of Finance and Economy; hereinafter

Article 8 (Supervisory Agency) (1) When a contracting agency for the instant case is appointed as a supervisor representing the principal, the contracting agency for the instant case shall be notified in writing to B.

(2) The Supervisory Board shall perform the following duties:

1. Supervising and attending the general construction work;

2. To direct, approve or consult on the field agent of Eul or Eul in performing the contract.

3. To be present at the inspection or examination of construction materials and construction works;

4. The inspection of completed portion of the construction work, inspection of completion, or delivery of objects of the construction work. Article 11 (Inspection of Construction Materials) (1)

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