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(영문) 서울중앙지방법원 2020.06.17 2018가합575132
손해배상금 등
Text

1. The Plaintiff, Defendant B Co., Ltd., and Defendant CCo., Ltd., jointly and severally with Defendant B Co., Ltd.

Reasons

1. Facts of recognition;

A. The Plaintiff and D Co., Ltd. (hereinafter “D”) are co-contractors who received a contract from the Gyeonggi-do Southern Provincial Police Agency for “E” (hereinafter “instant construction”).

(80% and D 20% shares; hereinafter referred to as "Plaintiffs, etc.") and (b) when they jointly refer to the Plaintiff and D.

1) On August 21, 2017, the Plaintiff et al. (hereinafter “Defendant B”) entered into the instant subcontract.

B) As between the instant construction, it is deemed that the instant subcontracted construction is a reinforced concrete construction project (hereinafter “instant subcontracted construction”).

As to the Plaintiff, etc., the subcontractor, Defendant B, and the construction period from August 28, 2017 to April 10, 2018, and the construction cost of KRW 1,985,734,530 (including value-added tax) (hereinafter “instant subcontract”).

Article 7 (Inspection of Materials) (1) The term of contract shall be extended to the Corporation. The materials to be used in the Corporation shall be new products, quality, name, etc. shall be consistent with the design. However, if the quality, name, etc. of goods are not clearly prescribed in the design, they shall be the most appropriate material to achieve the purpose of the contract. (2) The materials to be used in the Corporation shall be inspected by the Supervisory Board prior to their use, and the materials which have failed to be inspected shall not be immediately replaced. In this case, the defendant B shall not be liable for the extension of the term of contract for this reason. (5) After delivery of the materials to be used in paragraph (1) or the leased goods under paragraph (4) of this Article, the defendant B shall be liable for the loss or damage thereof: Provided, That this shall not apply where he/she fulfills his/her duty of due care as a good manager. (1) The defendant B shall place them in accordance with the relevant Acts and subordinate statutes, such as the Framework Act on the Construction Industry, and shall commence the construction work as one of them.

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