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(영문) 서울고등법원 2019.01.09 2018나2015756
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiffs and B Co., Ltd. (hereinafter collectively referred to as “Plaintiffs, etc.”) constituted a joint supply and demand organization and jointly contracted MM works from the Korea Water Resources Corporation.

At present, the shares of the Plaintiff, etc. in the above construction are as listed below:

A A Co., Ltd. 1 A, 47.38% 2 B 10.53% 3 D Co., Ltd. 10.53% 4 E Co. 5.26% 5.26% 6 G Co., Ltd. 65.26% 7 H5.26% 8 I Co., Ltd. 5.26% 9.26% 9 J. 5.26%

B. On March 17, 2010, Defendant K Co., Ltd. (hereinafter “Defendant K”) entered into a contract with the Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) and the OPEN and other (hereinafter “the instant floodgate construction”) during the construction period from March 18, 201 to December 24, 2011 during the construction period (hereinafter “the instant floodgate construction”) with the Plaintiff Co., Ltd. (hereinafter “Plaintiff”) as the representative company of the said joint purchase and purchase company (hereinafter “Plaintiff”) on December 24, 2010 and changed the construction amount from March 18, 2010 to December 24, 2011 to December 20, 2012 (the following date the construction amount was KRW 26,173,293,900,000 (the supply price was KRW 23,379,390,000).

The terms and conditions of the instant floodgate construction contract, special conditions of the contract, and site descriptions, which constitute the contents of the instant floodgate construction contract, are as follows:

Article 3 (Construction, etc.) (1) of the general terms and conditions of the contract (including construction specifications, design drawings and site descriptions, but in cases of the total unit price contract, the calculation sheets shall be included in the calculation sheets, and the forms thereof shall apply mutatis mutandis to the forms prescribed by the Accounting Rules of the Ministry of Finance and Economy; hereinafter the same shall apply).

Article 23 (Defect Security) (2) From the date of completion of the inspection of completion, the defendant K shall repair the defects caused by the reasons attributable to the defendant K during the period of the defect repair obligation stipulated in the contract.

Article 8 (Liability for Manufacture) of the Special Conditions for Contracts (Liability) 1 Defendant K in his own name or by Defendant K.

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