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(영문) 광주고등법원 2015.10.28 2014나13265
손해배상(건)
Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On November 9, 2012, between the Korea Environment Corporation and the Korea Environment Corporation, the Defendant entered into a contract with the Korea Environment Corporation for the supply of and demand for and implementation of the Han River Basin Improvement Works (Article 3-3 Section) from the Korea Environment Corporation to the contract amount of KRW 10,887,00,000 for the contract amount, and the construction period from November 12, 2012 to October 21, 2013 for the construction period.

On December 14, 2012, in order to conclude a subcontract agreement on the improvement works for sewage conduits, excluding multi-functional sewage retention facilities (hereinafter referred to as “instant construction works”), the Defendant held the site site conference on the Plaintiff and other bidders.

The instant construction is composed of the construction of drainage facilities, the installation of drainage facilities, the installation of drainage facilities, the installation of drainage facilities, and the installation of a tea house culvert, the installation of drainage facilities, the installation of drainage facilities, and the installation of a tea house culvert, in order to transport wastewater from sewage pipes to multi-functional sewage retention facilities through drainage facilities (100m or less), the drainage facilities (200m or less), the drainage facilities (200m or less), and the installation of drainage pipes.

B. On December 20, 2012, the Defendant: (a) conducted a bid by setting the minimum unit price to select a subcontractor as a subcontractor; (b) on December 27, 2012, the Plaintiff was selected as a successful bidder; and (c) on January 14, 2013, the Plaintiff entered into a subcontract agreement with the Defendant to perform the instant construction works upon subcontracting from the Defendant (hereinafter “instant contract”); and (d) the main contents thereof are as follows.

The standard subcontract agreement for construction works.

1. Project owner: The Korea Environment Corporation;

2. The name of the prime contract: The name of the subcontracted project for the improvement of sewage conduits in the Han River basin (Article 3-3): The works for the improvement of sewage conduits;

3. The construction site: Members of the above construction site.

4. Period: From January 14, 2013 to October 31, 2013;

5. Contract amount: 5.79 billion won: 5.265 billion won (labor cost: 1,970,820,410 won).

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