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(영문) 서울중앙지방법원 2015.10.07 2013가합525873
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

On June 30, 2003, the Plaintiff removed existing houses, etc. within the implementation zone of the apartment housing reconstruction project of the Daegu-gu Incheon-ro 189 Sung-ro 1,2 apartment complex housing reconstruction project on June 30, 200 and then is a housing reconstruction and improvement project association established for the purpose of constructing a new house (the name of the newly-built house is "Sepomi-Saeaea, e.g., sexually old apartment; hereinafter referred to as "the apartment of this case").

Defendant Samsung C&T Co., Ltd. (hereinafter referred to as “T&T”) and Large Forest Industry Co., Ltd. (hereinafter referred to as “large Forest Industry”) are the contractor that received a contract from the Plaintiff for the construction of the instant apartment (hereinafter referred to as “instant construction”).

On April 24, 2003, Sung-ju 1, 2 apartment reconstruction promotion committee decided the method of construction contract for the new apartment construction of this case as the share payment method, and the method of project ordering as the design and the method of project ordering as the package order of construction (However, the above reconstruction promotion committee, Si construction, and the above reconstruction promotion committee and the designer respectively enter into a contract) and made a public announcement of tender.

The Defendants were selected as a contractor in the bidding procedure on June 11, 2003.

After that, the Plaintiff established on June 30, 2003 as a contractor, and the Defendants entrusted the work of designing the instant construction with respect to the construction of ppuri construction of the architectural firm, a contractor, as a contractor on December 7, 2003 (hereinafter “ppuri construction of the architectural firm”).

Article 2 (Scope of Construction Works) The scope of construction works to be performed by the Defendants shall be limited to the scope of construction works on the Plaintiff’s project site, construction works on existing buildings and land removal works, and construction of apartment houses and appurtenant facilities, etc. under the authorization (including authorization for changes; hereinafter the same shall apply) granted by the competent project authorization authority for the construction project.

Article 3 (Status and Business Principles between Parties) (1) The plaintiff is a project undertaker, and the defendants are the construction executor, such as the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

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