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(영문) 서울고등법원 2018.12.07 2016나2065665
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) at KRW 372,968,339.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) On August 2, 2010, the Defendant entered into the instant subcontract, etc., and around August 2, 2010, extended the roads from the Seoul Metropolitan Government Urban Infrastructure Headquarters (hereinafter “original contract construction”).

(1) A contract under which the contract for the supply of and demand for construction cost of KRW 43.43 billion (hereinafter referred to as “original contract”) shall be

2) The Seoul Special Metropolitan City Urban Infrastructure Headquarters divided the above section into three sections to expand it to six lanes from the vicinity of the water zone to the water zone near the river zone. 2) The section from the vicinity of the water zone to the water zone near the water zone. The Seoul Special Metropolitan City Urban Infrastructure Headquarters divided the above section into three sections to expand it to the 6th line near the road in the above section.

The Section 1 shall indicate the distance of 1.4km (SA 00 STS 00 STS 00 00km from the time of construction, that is, the starting point of construction of the Section 1 shall be STS 000, the starting point of construction shall be 1.400 km from the starting point of construction, and the starting point of construction of the Section 1 shall be 1.400 km from the starting point of construction) at the time of construction, the second Section 2 shall be offset by 3.2km (SA 1400 km from the starting point of construction, and the second Section 40 km from the beginning of construction, the second Section 3.2km from the vicinity of the apartment complex of the Section 8, the second Section 4, the second Section shall be offset by 8, the second Section from the beginning of construction to the 15, the second Section 3, the third Section from the 8,500 to the boundary of the apartment complex of the 15,56060 km from the 25.5m.

The main contract work is related to Section 3 from among the main contract work for the extension of the roads with the same line. In the first time, the E company and the F company received the supply and demand of the E company, and subcontracted the construction work for the soil, drainage and structures among them, and again, the construction work was not performed, and the defendant has given up the construction work and received the main contract construction work.

Since then, on November 22, 2010, the Defendant is developing the compatibility of the original contract with the Marine Development Corporation (hereinafter “Maritime Development Corporation”).

As to the remaining parts, the subcontract was concluded for the third and the remaining construction works, but the said subcontract was terminated on March 2013.

3. The Corporation.

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