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(영문) 인천지방법원 2015.03.27 2014가단31072
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts recognized;

A. The Defendant is an implementer of an urban development project of the Dog Incheon University site located in the Nam-gu Incheon National University site as a project target site.

B. On April 13, 2010, the Defendant: (a) concluded a contract with the Plaintiff on April 13, 2010 with regard to “the removal of obstacles to the urban development project in the Dolsan Area (one construction section)” with the joint contractor (Plaintiffs, etc., 49% in common supply ratio; and 51% in case of the Plaintiff and Donsan C&D together); and (b) concluded a contract with the Plaintiff, etc. on April 13, 201, with regard to “the removal of obstacles to the urban development project in the Donsan Area (1 construction section); and (c) in accordance with the said contract, the Plaintiff, etc. performed the removal of the main office of the Incheon National University and the diplomatic mission

C. Meanwhile, under the Defendant’s permission, the Incheon National University: (a) intended to dismantle and collect recyclable goods, such as partitions and board, from the existing building of the Incheon National University; (b) had amb&C Co., Ltd. (hereinafter “ambC”); and (c) on February 10, 2010, ambC performed the dismantling of recyclable goods in the Ebridge, etc. from this mission, main pipe, etc.; and (d) asbestos was detected during the dismantling process.

On April 20, 2010, the Administrator of the Incheon National Labor Agency ordered the full suspension of work at the Incheon National University on the ground that he/she failed to conduct asbestos inspection prior to the removal work, and the Plaintiff et al. conducted asbestos dismantling and removal work at the main office and the mission (hereinafter “instant work”) from June 2010 to August 2010 prior to the removal work.

E. Among those who had different opinions on the burden of work costs of the instant case between the Incheon University, the Defendant, and the Plaintiff, etc., the Incheon University sent to the Defendant on August 5, 2010, which was not paid by the Defendant. However, the Defendant did not eventually receive payment from the Incheon District Court 201Gahap6850 (hereinafter “related litigation”). In the end, the Defendant is the AWCC and the Incheon District Court at the appellate court.

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