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(영문) 서울중앙지방법원 2019.08.22 2018가합505089
손해배상 등 청구의 소
Text

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

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

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a subcontract between the Plaintiff and Defendant B Co., Ltd. (hereinafter “D”).

from Ulsan Metropolitan City Dong-gu E apartment (hereinafter referred to as “instant apartment”).

) New construction work (hereinafter referred to as “new construction work of the instant apartment”).

(2) On December 24, 2014, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) to subcontract a general household construction project (hereinafter “the instant household construction project”) among the instant new apartment construction project with the contract amount of KRW 6,374,704,60, and the contract period from January 6, 2015 to December 31, 2015 (hereinafter “instant subcontract”). The main contents of the terms and conditions of the instant subcontract are as follows:

(‘A’ means the Plaintiff, “B” means Defendant B), and Article 18 (Liability for Damages) of the General Conditions (Liability for Damages) ① If the damage was incurred to the subject matter of the construction or to a third party due to a cause not attributable to both parties before the subject matter of the construction is delivered to Party A, it shall be borne by Party B.

Provided, That where there is a cause attributable to A, or where damage was incurred to A or to a third party due to a cause not attributable to both parties during the takeover delay of A, it shall be borne by A.

(3) Where any damage is incurred to the subject-matter of the construction work or to a third party due to a cause not attributable to both parties, after the object of the construction work is delivered to Gap, it shall be borne

Section 2 (Duties of Section B) of the Special Conditions 2 (Duties of Section B) for the smooth implementation of this production and installation contract, Section B shall submit a copy of the construction management organization table of Section B, a list of engineers, a resume and a technician registration pocket book to be in charge of the management and supervision of the construction within 10 days after the contract is concluded and obtain the approval of Section B.

3. B shall prepare a construction plan specifying the process of construction or the execution method of construction including the following contents, and submit it to A for approval within 10 days from the date of the contract:

1. A work plan shall be written.

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