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(영문) 대전고등법원 2015.11.13 2015나326
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and the above revoked part shall be applicable.

Reasons

1. Basic facts

A. The details of the contract entered into between the Plaintiff and the Defendant and the Plaintiff 1) On March 30, 2010, the Plaintiff is the Vice-Construction Group of Korea Electric Power Corporation established under the Korea Electric Power Corporation Act (hereinafter “Korea Electric Power Corporation”).

(B) the Corporation’s “A(B)” (hereinafter referred to as the “instant Corporation”)

(2) On November 8, 2010, the Plaintiff contracted the instant construction project, including retaining walls, to Dong Young Construction Co., Ltd. (hereinafter “Dong Young Construction”) on November 14, 2010, the contract amount of KRW 870,862,790 (including value-added tax), and the Plaintiff jointly and severally guaranteed the Plaintiff’s obligations under the said contract. (2) On April 8, 2010, the Plaintiff subcontracted the entire instant construction project, including retaining walls, to Dong Young Construction Co., Ltd. (hereinafter “Dong Young Construction”).

3) On November 8, 2010, the Plaintiff is the Defendant and the instant construction, with a retaining wall construction (hereinafter referred to as “ retaining wall construction”).

As to the part of construction materials business (hereinafter referred to as “instant subcontract agreement”)

The part of the subcontract of this case provides that the Plaintiff shall pay 50,000,000 won (excluding value-added tax of 5,000,000) to the Defendant, and shall be supplied with materials for reinforced retaining walls from the Defendant. However, under the special conditions of the subcontract of this case, the Plaintiff provided the Plaintiff with an useful soil for installing basic concrete in the retaining wall construction works, construction equipment (e.g., whites, rollers, etc.), supply of hard aggregate, and maintenance of retaining walls, and the maintenance of retaining walls. The Defendant completed the subcontract of this case around 21, 201 on the following grounds:

Around January 28, 2011, C, the Plaintiff’s site manager, shall finally settle the Defendant’s actual input of materials and construction cost of KRW 46,00,000 according to the actual input and work period.

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