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(영문) 대전고등법원(청주) 2015.04.28 2014나20593
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

On September 16, 2010, between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 16, 2010, the Plaintiff was awarded a contract for the construction of a new B-Ground Office B Officetel (hereinafter “new construction of the instant building”) with D, and subcontracted to the Defendant on September 16, 2010, the construction of telecommunications equipment and fire-fighting equipment and facilities among the new construction of the instant building was subcontracted to the Defendant at KRW 6.5 million (including surtax) (hereinafter “instant contract,” and the construction stipulated in the instant contract is referred to as “instant construction”). The execution note of the construction of electric equipment and fire-fighting equipment and facilities, which are applicable to the instant contract, is stipulated as follows.

4.(9)The special features of the construction shall be equal to or more than KS new materials. (2) The same kind of materials shall be constructed after the A’s approval is granted. (3) All materials shall be carried in with the approval of the employee in charge after being equipped with the following documents prior to their use (if this matter is not fulfilled, the whole cost of the materials shall be deducted from the initial nature:

. Required documents;

(a) KS copies, business registration certificates, and factory registration certificates;

(b) Cadags and manufacturing drawings;

(c)The following major materials shall be constructed with designated products:

2. Electricity generator: Not less than the standard for treatment generator;

6. If our order of work, change of public law, change of design, etc. is delivered oral to the subcontractor, the subcontractor shall make it written and obtain approval from us with relevant data, and is not valid with respect to the unwritten content of the work.

B. On June 7, 2011, the Defendant: (a) increased the capacity of the power generator (from 200K to 300KW), applied high-efficiency of the power generator, applied indirect lighting, changed the lighting fixture and model; (b) increased the quantity of telecommunications equipment; (c) increased the quantity of the reduction of the quantity of the exhauster; and (d) increased the number of the PUMP capacity (from 80KW to 92K) with the additional construction cost, the Defendant excluded the additional construction cost of KRW 72,813,95.

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