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(영문) 인천지방법원 2018.07.13 2017가단222497
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a public corporation established under the Korea Electric Power Corporation Act, and the Defendant is a public corporation established for the purpose of developing and developing electric power resources and its related businesses, which is the Plaintiff’s subsidiary holding all shares.

B. On February 18, 2014, the Plaintiff and the Defendant entered into a contract on the substitution of GIS and the installation work of the Hanwopter (hereinafter referred to as “instant construction work”) with less than 345kV capacity, but partially amended the terms of the contract on April 29, 2015.

(hereinafter referred to as “instant contract” including both the terms and conditions of the instant contract after the amendment on April 29, 2015. The main contents of the instant contract are as shown in the attached Form.

(Provided, That the details of contributions attached to the instant contract are as shown in attached Table 1. The Defendant, the “contractor,” and “A” mean the Plaintiff, the “project executor,” and “B.”

C. The instant construction project was completed in entirety, and the cost sharing among the Plaintiff and the Defendant led to the instant lawsuit, resulting in mutual disagreement on the so-called Plaintiff’s self-supervision cost sharing.

[Ground for Recognition: Facts without dispute, Gap 1 through 4 (including each number, if any); hereinafter the same shall apply

(2) Each entry and the purport of the whole pleading

2. The assertion and judgment

A. The “supervision” of the Plaintiff’s assertion includes the act of inspecting whether the materials used to be suitable for the construction, and the detailed items of the instant construction cost including its own supervision fees in the report on the details of contributions attached to the instant contract for the alteration of the construction project, which is set in advance.

The plaintiff's examination of the so-called procurement materials (the materials raised by the contractor of the construction) while performing the construction work shall be entrusted to the external supervising company, and the so-called private supply materials (the materials that the contractor of the construction directly purchases from the manufacture) shall be installed by the contractor.

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