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(영문) 서울고등법원 2016.11.18 2014나47285 (1)
손해배상
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On June 19, 2013, the Plaintiff Company A of the first instance trial filed the instant lawsuit against the Defendant. On November 6, 2013, the trade name was changed to that of the Defendant. On November 6, 2013, the Plaintiff Company A, newly incorporated on November 6, 2013, succeeded to the rights and obligations with respect to the railway-related businesses of the M&A, divided pursuant to the division plan of the Plaintiff Company A, on November 6, 2013, and on February 21, 2014, the first instance court continued to take over the instant lawsuit by the Plaintiff Company A as a correction of the indication of the party.

(hereinafter referred to as “A”) Plaintiff A corporation in the first instance. (b)

Plaintiff

The Intervenor’s 2nd phase track installation plan and design contract contract 1) The Intervenor’s 2nd phase rail installation plan and design contract contract.

(2) On August 2, 2004, G Co., Ltd. (hereinafter “G”) as an incorporated foundation succeeded to the status of G as an incorporated foundation on August 2, 2004, and on September 17, 2004, G succeeded to the status of G as a incorporated foundation, and its trade name was changed to F Co., Ltd. on August 21, 2009;

hereinafter referred to as “F”).

(1) On August 12, 2004, the term of the contract was from August 12, 2004 to July 12, 2006; and (2) the contract amount was set at KRW 3,104,341,000 (hereinafter “instant design contract”).

2) At the time of the design contract of this case, the supplementary intervenor had F select a lethal suitable for the performance specifications of the lethal in the lethal contract of this case as follows. On May 2002, 202, the performance specifications of the lethal contract were prepared by the European Standardization Commission (BS EN13481-5:202, Rtilway - Ttilway - Ttilcing - Ttilcing 6astening - Ttiling 5, BSN136-46-4:202, and Rothing - Rothing - Ttiling - Tearing method which was enacted on May 2002

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