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(영문) 서울고등법원 2015.06.18 2014나378
손해배상(기)
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On December 1, 2011, the Plaintiff: (a) the Defendant’s factory and the Defendant’s factory’s factory “Dlinker System Replacement Work”; (b) there are PASCON PALC and SEMNS S5 PLC as a link-based link-based link-based link-based link replacement work means the change of SIEMNS S7 PLC into SIENS PLC; and (c) the PASSNNNPC and SIENNNS PLC to change the hub PL PC for communications.

(hereinafter “instant replacement project”) entered into a contract with the contractual amount of KRW 520,000,000 (excluding surtax), the contractual period from December 1, 201 to May 31, 2012, with respect to the contract amount of KRW 1/1,000 (hereinafter “instant replacement project”).

(hereinafter “instant contract”. The Plaintiff and the Defendant agreed in the instant contract that the terms and conditions of the construction contract, the general conditions of the construction contract, the special conditions of the construction contract, the design drawings (construction specifications, design drawings, site descriptions) and the calculation sheets are mutually complementary and complementary to each other, and the main contents are as follows.

- General conditions of the construction contract - Article 16 (Inspection) 1 When the plaintiff completes the construction, he/she shall notify the defendant of the completion report in writing and undergo the necessary inspection.

The same shall also apply where a completed portion is intended to be paid in whole or in part prior to the completion thereof.

(2) Upon receipt of the notification under paragraph (1), the defendant shall conduct an inspection to confirm the implementation thereof in the presence of the plaintiff within 14 days from the date of receipt of the notification, based on the contract, design, completion report, and other relevant documents.

(3) If the defendant discovers that all or part of the terms and conditions of the plaintiff's performance of contract violates or is unreasonable in an inspection under paragraph (2), he/she shall take necessary corrective measures.

Article 25 (Cancellation and Termination of Contract) (1) In cases where a plaintiff falls under any of the following subparagraphs, the defendant may cancel or terminate the contract in whole or in part:

2. Until completion date due to a cause attributable to the plaintiff.

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