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(영문) 대전지방법원공주지원 2017.04.05 2016가합20233
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. On March 3, 2014, the Plaintiff: (a) formed a joint supply and demand organization representing the Plaintiff as a beneficial forest construction company; (b) entered into a contract with the Defendant for construction works for the expansion and modernization of facilities of agricultural products wholesale markets and construction works (including civil works, landscaping, machinery and equipment; hereinafter “instant construction works”) in the Seo-gu, Seo-gu, Seo-gu, Seo-gu; (c) KRW 13,683,710,000 for the first construction cost; and (d) March 7, 2014; and (e) the date of commencement of the construction period; and (e) the contract for the instant construction works (hereinafter “instant contract”). On June 21, 2016, the instant contract was finally amended to April 20, 2017.

B. Major terms and conditions of the construction contract applicable to the instant contract (No. 34, November 20, 2013, enacted on November 23, 2013, and enforced on November 23, 2013) are as shown in the attached Form.

C. On the other hand, the Defendant selected the SscoC C&C architect (hereinafter “Supervision Group”) as a supervising entity and had it conduct supervision.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 11-1 and Eul evidence 1-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion was subcontracted the file construction of the complex wholesale ground among the instant construction works to the Chungcheong Port Resources Co., Ltd. (hereinafter “Pung Port”).

According to the original construction design documents and specifications, the file works are resisted by the DRA public law (it is a public law that injects cement mortar after simultaneously excavating the files into upper and lower-class rinks) but it was impossible to resist according to the DRA public law due to the existence of rocks, tin, etc. on the ground of the above complex wholesale.

Accordingly, with the direction of the supervision division and the approval of the defendant, the Chungcheong Port Co., Ltd., the plaintiff's subcontractor, uses T4 strings at the bottom of the screen, and uses high voltage air by installing T4 strings at the bottom of the screen.

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