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(영문) 수원지방법원성남지원 2015.08.21 2014가단220599
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

1. Basic facts

A. 1) The Plaintiff and Defendant A’s subcontracting contract 1) The Plaintiff newly constructed the New Dental School and the Multi-Purpose Dental School (hereinafter “instant Construction”).

(2) The Plaintiff and Defendant A Co., Ltd. entered into a contract on January 2, 2014.

On January 2, 2014, the construction period for pents construction among the construction works described in the subsection, entered into a subcontract with the content that the contract amount of KRW 4.29 million on January 4, 2014, the public fund amount of KRW 3.9 million, value-added tax of KRW 3.9 million on January 4, 2014.

Under the special terms and conditions of the above contract, the ownership of all the materials established ① is in the Defendant Company A, the supplier.

3) On February 14, 2014, the Plaintiff and Defendant A Co., Ltd. entered into a contract for the supply of materials with the content of the contract amount of KRW 41,80,000,000,000,000, value of supply, value-added tax of KRW 3.8 million from February 17, 2014 to March 15, 2014 (hereinafter “instant subcontract”). On February 17, 2014, the Plaintiff and the Defendant Co., Ltd. entered into a contract for the construction of reinforced concrete among the said new construction works: the construction period period on April 30, 2014; the contract amount: 167,200,000,000 won, value of supply, KRW 152,00,000,000,000,000,000,00 won (hereinafter “instant subcontract”).

As the terms and conditions of the above contract, ① The subcontractor (Defendant A Co., Ltd.) shall include the root.

(2) On-site officers shall permanently reside and manage them.

(3) Remaining materials after the completion of construction work shall be taken out and completed field cleaning.

(4) A statement that liability remuneration shall be completed for five years when a defect occurs after the completion of construction work.

5. Meanwhile, Defendant A did not have a specialized construction license, and the Plaintiff on the instant subcontract.

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