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(영문) 춘천지방법원 원주지원 2018.09.06 2017가합5514
손해배상(기)
Text

1. Defendant C and D Co., Ltd. jointly share KRW 902,416,080 with respect to the Plaintiff and the Plaintiff from August 25, 2017.

Reasons

1. Basic facts

A. On March 14, 2011, the Korea Electric Power Corporation (hereinafter “the instant construction”) established under the Agreement on the Relocation of Irons (hereinafter “the instant construction”).

(2) As to the construction period from March 16, 201 to August 12, 2011, the Korea Electric Power Corporation and the Plaintiff entered into a contract for construction works, setting the contract amount of KRW 706,430,810, and the contract amount of construction works to be changed to KRW 780,691,880 on July 28, 2011 (hereinafter “instant contract”). A contract for construction works change to KRW 780,691,880 on August 11, 201; a contract for construction work change to KRW 842,168,80 on August 24, 201; and a contract for construction work change to KRW 819,838,800 on August 24, 2011 (hereinafter “instant contract”).

B. On August 12, 201, the Plaintiff completed the steel tower in accordance with the instant contract. 2) However, the steel tower No. 2-1 (hereinafter “instant steel tower”) among the E steel tower completed pursuant to the instant contract appears in ① the basic part of the steel tower (any of the inputs of the steel tower and the base of the steel tower) and ② the occurrence of cracks in the basic part of the steel tower (hereinafter “instant defect”).

C. Prior suit 1 between the Korea Electric Power Corporation and the Plaintiff filed a lawsuit seeking compensation against the Plaintiff for damages arising from the instant defect. 2) The Gwangju District Court rendered a judgment that partially accepted the claims of the Korea Electric Power Corporation on August 27, 2015 (Supreme Court Decision 2014Gahap52546 Decided August 27, 2015), and the Korea Electric Power Corporation and the Plaintiff appealed the said judgment.

3. On December 14, 2016, "the plaintiff was 686,941,204 won to the Korea Electric Power Corporation and 621,927,60 won among them, 5% per annum from April 18, 2014 to August 27, 2015, and 15% per annum from the following to the date of full payment.

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