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(영문) 춘천지방법원원주지원 2016.09.29 2014가합6080
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

A. On January 31, 2013, the Plaintiff entered into a contract for construction works with a Jungbu University (hereinafter “instant contract for construction works”).

B. On September 2, 2013, the Defendant Limited Liability Company B (hereinafter “Defendant Company”) entered into a subcontract (hereinafter “instant subcontract”) with the Plaintiff on the condition that the Defendant Company would receive reinforced concrete construction from the Plaintiff during the instant construction (hereinafter “instant construction”).

Defendant C and D guaranteed the obligation owed by the Defendant Company to the Plaintiff under the instant subcontract on the same day.

The contents of the instant subcontract pertaining to the instant case are as follows.

5. Contract amount: Won 6,806,800,000 won (Won 6,806,800,000);

7. Items and quantities of material to be paid: Two copies of each contract shall be made by entering into this construction subcontract agreement in accordance with the terms and conditions of the said contract and the design drawings (1) and specifications (1) of the additional construction subcontract, and one copy of each contract, respectively.

The time of delivery of materials paid by Gap (referring to the plaintiff; hereinafter the same shall apply) under a contract pursuant to Article 12 (Payment Materials and Loan Articles) (1) of the Standard Subcontract for Construction Business shall be based on the schedule of construction scheduled, and the place of delivery shall be the construction site unless otherwise specified in specifications.

(2) The ownership of materials paid pursuant to paragraph (1) shall belong to A, and shall not move materials brought into the construction site without written consent of the supervisor.

(5) If any material for payment under paragraph (1) and any leased article under paragraph (4) are destroyed or damaged after being paid, B (referring to a defendant company; hereinafter the same shall apply) shall be liable therefor.

Provided, That this shall not apply where he/she fulfills his/her duty of due care.

(10) Eul shall make payments, materials or loans which become unnecessary due to any change in the contents of the construction work.

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