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(영문) 서울고등법원 2020.05.20 2019나2039698
손해배상 청구
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

Basic Facts

The reasoning for this part of this Court is that, except for a partial addition as follows, it is identical to the corresponding part of the reasoning for the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

▣ 제1심 판결문 제3면 제5행 중 “체결하였다.” 다음에 아래와 같은 기재를 추가한다.

Article 3 Construction Management

1. A mandatary shall take charge of the following affairs of management of the Corporation:

1) 2) Process management 4) Civil petition management and treatment, safety management and ex post facto processing, and other comprehensive tasks necessary for construction management and instructions given by the mandators under the contract for construction works. The resident management agent of Article 6 shall stay at the construction site and perform all construction management work at the construction site and shall be equipped with the work performance data to enable the mandators to peruse at any time.

Article 8 Management of Contractors

1. If the mandatary deems that the performance of the work of the designer or the contractor is inappropriate or technical ability is lacking, he/she shall make a proposal to the mandator for any change and follow the instructions of the mandator;

2. A mandatory may not engage in any conduct contrary to the good faith principle in performing his duties by inviting or aiding and abetting a designer or a contractor, and shall be held liable for the total amount of damages suffered by a mandator due to his/her violation.

The main contents of the instant construction management agency contract are as follows. Determination on the claim against Defendant B and C:

A. 1) Defendant B and C are obligated to faithfully perform administrative affairs such as construction supervision and process management, execution management of construction work, authorization and permission, etc. according to the instant construction management contract under the instant construction management contract. ① In short, Defendant D’s failure to perform the construction supervision and process management duties under Article 6 of the instant construction management contract, thereby delaying the construction works and construction delay.

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