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(영문) 서울서부지방법원 2020.07.16 2018가단220041
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. Around 2012, C Co., Ltd. awarded a contract for construction works on D Expressway and several major domestic construction companies, including Defendant Co., Ltd.

The defendant company specifically carried out construction work among the above expressway E-sections.

B. In the construction section of the said Section, the construction section of the said Section included the Flcheon City F Co., Ltd. (hereinafter “instant construction site”).

On the ground near the construction site of this case, cables such as the Plaintiff Company and telecommunications companies were installed above the ground.

In addition, cable installed on the ground needs to be moved to the underground in addition to the expressway construction.

Thus, the defendant company, the plaintiff company, and other related companies have continued to consult about the problem of installing existing ground cables and installing underground conduits between the second half of 2015 and the second half of 2016.

Plaintiff

On October 14, 2015, the Company claimed the head of the DD Construction Project Association for the relocation construction cost of KRW 104,04,000, and received relocation construction cost around that time.

C. Around June 2016, Plaintiff Company selected G as the representative business entity in the process of the installation of conduits for cable removal, and completed the cable removal work of Plaintiff Company. Around that time, Plaintiff Company completed the cable removal work.

On June 19, 2013, the Plaintiff filed the instant lawsuit with the Defendant Company as the Defendant on June 15, 2018, but the Defendant withdrawn the instant lawsuit against H on April 9, 2019.

The reason seems to be that the bankruptcy was declared by the Seoul Rehabilitation Court on June 27, 2017 with respect to H.

(hereinafter “H”) subcontracted to the Defendant Company the land and structure construction work (one section) of the said Section Eth (hereinafter “H”) in KRW 17,039,00,000 among the said Section construction work that the Defendant Company contracted.

In addition, the construction site of this case was included in the Defendant Company’s subcontracting site to H.

E. H On July 8, 2016, at the same time as a drainage pipe for the instant construction site.

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