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(영문) 서울고등법원 2016.05.19 2014나42020
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the counterclaim defendant exceeding the amount ordered to be paid below is revoked, and that part is revoked.

Reasons

1. Basic facts

A. 1) The Plaintiff is a construction company that received an order from the Incheon Metropolitan City Transportation Corporation to install the Incheon Metropolitan City Empire Park. 2) The Defendant is a company specializing in painting construction that has subcontracted to the Defendant during the installation of the above Empire Park.

B. On September 10, 2008, the Plaintiff and the Defendant entered into a contract and completed construction works. On September 10, 2008, the Plaintiff and the Defendant: (a) the Plaintiff received orders from the Incheon Central and Seodong 1, 75-2, the garage in the Seoul Central and Seodong-dong Special Tourist Zone, and (b) the fire-proof clothes construction works for the history of history of 101, 102, 103, and 104 (referred to as the “instant construction works”; (c) the instant construction works.

(2) On June 8, 2009, the Plaintiff and the Defendant entered into a contract with the Defendant to grant a subcontract by setting the construction cost “520 million won” and the construction period “from September 10, 2008 to June 30, 2009.” (2) As design was modified in the direction of constructing a garage separately intended to be constructed, the Plaintiff and the Defendant entered into a contract with the Defendant to reduce the construction cost to KRW 454 million on June 8, 2009 and to extend the construction period to July 31, 2009.

3) The Defendant may hand over a water system resistant paint (hereinafter referred to as “water-resistant paint”).

) and lute-resistant paint (hereinafter referred to as “lute-resistant paint”)

(4) On October 6, 2009, the Defendant demanded the increase in the construction cost due to the increase in the volume of construction works and entered into a modified contract between the Plaintiff and the Plaintiff on October 6, 2009 to increase the construction cost in KRW 494 million, and received the payment for the construction cost.

C. With respect to the instant construction project completed by the Defendant from January 28, 2010, the cost of the occurrence of defects and repairing defects, there were defects such as painting, fire-proof clothes damage, flaging, ice, spacking, spacking, and sprinking, etc., and the Incheon Traffic Corporation, which is the ordering place, is via the Geumho International Co., Ltd., a supervisor of the instant construction project.

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