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(영문) 전주지방법원군산지원 2015.02.05 2013가합1879
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The plaintiff is a person who produces and installs steel structures with the trade name of C, and the defendant is a representative of D who mainly performs construction works such as file files, and its actual operation is entrusted by E who is the husband of the defendant.

(A) Since there is no dispute between the parties to the contract and the defendant, there is no practical benefit to distinguish the defendant from the defendant and the defendant for convenience, all of the parties to the contract without distinguishing them from the defendant for convenience.

On September 5, 2012, the Plaintiff contracted 594,00,000 won (the final settlement amount, KRW 621,024,975), including value-added tax, for the installation of a temporary bridge, from Hydrid Korea Co., Ltd., Ltd., and the Defendant was awarded a subcontract for construction of a steel file, etc. among the above construction works for which the Plaintiff was awarded a contract by the Plaintiff around that time.

(2) The Plaintiff and the Defendant’s subcontract agreement (hereinafter “instant contract”) are as follows. The Plaintiff and the Defendant’s contract are as follows.

The Plaintiff and the Defendant conducted the instant construction work from September 27, 2012 through collaboration. On October 6, 2012, the instant construction work was not carried out for about 10 days from the time of the occurrence of the instant accident, as the accidents involving air transfer at sea due to the pulpy wave (hereinafter “instant accident”).

In accordance with the instant contract, there were 55 places where there should be a astronomical and anti-aircraft operation. However, due to the modification of the contract, only 28 last 28 places were performed by November 17, 2012.

(No. 11) At sea, the Plaintiff, with respect to land construction, leased a new tent instead of the ceiling air brought by the Defendant and used at sea, and the Defendant did not participate in the said land construction, and the degree of two persons, who the Defendant was working for the said construction, shall assist the said construction.

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