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(영문) 광주고등법원(전주) 2020.01.09 2018나11997
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. Facts of recognition;

A. On February 14, 2008, the Plaintiff entered into a contract for the installation of solar power infrastructure between the Plaintiff and the Defendant (i) the solar power plant (hereinafter “instant power plant”) on the land outside the Jeon Chang-gun, Jeonbuk-gun, and one parcel of land (hereinafter “instant power plant”).

2) The construction work (hereinafter referred to as “instant construction work”)

) The contract amount of KRW 4,860,00,000 (excluding value-added tax; hereinafter the same shall apply), and the contract was concluded between February 14, 2008 and May 16, 2008 (from February 14, 2008 to June 30, 2008, the construction period was extended from February 14, 2008 to June 30, 2008; the facility capacity was changed from May 2006 to 732K; the contract was amended to reduce the construction amount to KRW 4,69,48,000, and the contract was amended to reduce the construction amount to KRW 4,69,48,000 without distinguishing it before and after the contract amendment.

(2) Of the general terms and conditions of the instant contract and the special terms and conditions, the key contents of the instant case are as follows (general terms and conditions) Article 10 (Inspection of Construction Materials) (1) except as otherwise stipulated in the contract documents, the materials to be used in the present project shall be new products, and quality specifications, etc. shall be consistent with the design documents.

However, not clearly stipulated in the design documents shall be not less than the standard products and must be the most suitable for the achievement of the purpose of the contract.

Provided, That where temporary materials are used, the quality and specification may be used only for materials that conform to the design documents.

(2) A defendant shall obtain approval of materials supply sources from a project supervisor before awarding an order for major construction materials.

(3) A defendant shall undergo an inspection by a project supervisor (if necessary, confirmation of the plaintiff) before using construction materials, and shall immediately substitute the rejected materials and undergo a re-inspection.

Article 21 (Inspection) (4) A contractor shall notify the contractor of the result of the inspection without delay.

In such cases, when a contractor has an objection to an inspection, he/she may request a reinspection, and the contractor shall take necessary measures.

§ 22.

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