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(영문) 서울고등법원 2014.09.19 2014나6918 (1)
손해배상(기)
Text

1. The Plaintiff’s appeal against the Defendants and the selective claims added in the trial are dismissed, respectively.

2. Appeal;

Reasons

Basic Facts

Around December 2008, the Plaintiff was supplied with the steel bars required for the said construction work by the contractor and used the steel bars that will be required for the said construction work, and the general terms and conditions of the construction contract included in the said contract are as follows.

Article 13 (Government-Funded Materials and Loans) (1) An agency awarding an order may supply or lend specific materials, machinery, apparatus, etc. necessary for the performance of a construction project to the other party to the contract, and in such cases, the government-funded materials, etc. (referring to government-funded materials and loans; hereinafter the same shall apply) shall be specified in

(2) Government-funded materials, etc. shall be supplied in a timely manner in accordance with the schedule of construction processes under Article 17 (1) 2, and the date, time, and place of delivery shall be determined by mutual consultation between parties to the

(3) The ownership of government-funded materials, etc. shall be held by the authority awarding the contract, and where surplus expenses exist, the other party to the contract shall be notified thereof to the authority awarding the contract and returned in accordance

(4) The responsibility for the management of government-funded materials, etc. after delivery under paragraph (2) shall be borne by the counter-party to the contract, and where such materials have been destroyed or damaged, the ordering agency shall reimburse them.

On July 2010, the Plaintiff entered into a contract for the supply of steel products with B Co., Ltd. (hereinafter “B”) that is a steel processing and distribution company for the steel bars supplied by the original local land management office and requested the processing of steel products.

The contract special terms and conditions included in the above processing delivery contract include the Plaintiff’s supply of materials (in Article 1), but in fact, the original local land management agency directly entered the steel in the B company through the modern iron, which is the steel manufacturing company, and the Plaintiff received necessary volume of steel processing from the B company every time it is necessary.

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