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(영문) 서울중앙지방법원 2015.01.13 2013가합551407
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be incidental to the participation.

Reasons

1. Basic facts

A. 1) On July 29, 2011, the Plaintiff entered into a contract for work, E Co., Ltd. (hereinafter “E”).

(2) On August 3, 2011, the Plaintiff entered into a contract with Defendant B to provide for all broadcast systems, including broadcasting equipment, systems, networks, and mileages (storage media) necessary for the operation of E’s general programming channels, and to receive KRW 20.5 billion (value-added tax separate) (value-added tax). (2) On August 3, 2011, the Plaintiff subcontracted the broadcast system and the part of the broadcast system and the set of mileages (including value-added tax) to Defendant B (hereinafter “instant contract”).

The contents related to the instant case in the said contract (the special terms and conditions of an additional contract, hereinafter referred to as the "special terms and conditions of this case") are as shown in the attached Form.

3) On October 4, 2011, Defendant B, with the Plaintiff’s approval, re-subcontracted to Defendant C with the cost of KRW 1,649,140,000 (value-added tax separate) for the construction project requiring technical skills, such as the installation of mileage. Defendant C’s work of linking the listed mileage established around that time (hereinafter “Defendant Intervenor’s Intervenor”).

(B) Resubcontracted to the Plaintiff. (B) With respect to the construction of mileage, F of the Plaintiff’s staff F took overall control of the construction work, and I of the Defendant C’s staff G, H, and the Defendant Intervenor’s staff I was in charge of design and construction work.

2) On January 16, 2012, F extended the capacity of mileages from 102TB (TerB) to 131TB from 102TB (TerByte) to the Defendants and Defendant auxiliary intervenors (hereinafter “instant construction”).

(3) On January 17, 2012, H, in accordance with the above work programme, performed the installation of additional 29TB sets at the existing data center.

4) On January 18, 2012, from around 02:00 to 04:00, I is engaged in the work of linking the connection of the listed mileage additionally installed in the existing listed mileage (hereinafter “instant work”).

AB made it.

The above work.

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