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(영문) 서울중앙지방법원 2020.01.08 2019가합503165
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant was awarded a contract for FRoad Construction Works (hereinafter “Road Construction Works in this case”) that connects C and/or C to Eth of the same Si from the Daejeon Regional Land Management Office, and G Co., Ltd. (hereinafter “G”) was awarded a contract for H construction works (hereinafter “instant H construction works”) from the Busan Regional Maritime Affairs and Fisheries Office.

A construction subcontract agreement;

2. The name of the subcontracted project: The works of constructing earth and sand at the end of each shop and the work of transporting earth and sand at the end of each shop.

4. Construction period: on June 20, 2016, and on December 35, 2017, the completion of construction works: The contract amount: KRW 715,000,000 ( KRW 715,00,000).

7. Items and quantities of materials to be paid: Special conditions for estimate of 100,000 cubic meters for the transportation of H sand.

3.The cost of selection shall be included in an estimated amount of all the costs of selection, including the cost of production of screening machines, operating cost, securing of screening lots, leasing sites, cost of screening lots, cost of creation of screening lots, cost of camping after screening, and cost of screening.

4. As a tunnel launch judos are approximately 800 cubic meters/dayss, there are about 7,00 cubic meters of the open space, and there are approximately 7,00 cubic meters of the open space so that excavation work does not occur due to the shortage of open space.

6.The quantities of private transport by each location of specifications shall be estimated and calculated in terms of the estimated quantities and actual transport quantities, and the actual transport quantities shall be calculated later in the same manner as the quantities which A (Defendant) has been settled from the ordering place.

B. In order to create a breakwater and a water wharf among the H works in the instant case, the instant stone (in order to store a stone from the front side to 0.015 cubic meters of 0.03 cubic meters of 0.03 cubic meters of her stick, hereinafter “instant stone”). Accordingly, on June 20, 2016, the Plaintiff selected that the instant stone can be used as the instant stone among the rocks that occurred during the instant road construction work (a rocks generated by blasting during the process of excavating a tunnel) between the Defendant and the Defendant.

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