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(영문) 인천지방법원 2016.04.28 2015가합2887
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Prior construction contract and the subcontract contract of this case 1) The Defendant entered into a contract for the instant construction work and the instant subcontract 9,10 companies located in 457 due to the development of the nuclear power plant in Tae-nam-gun, Chungcheongnam-do (the order of the Taean Power Headquarters Co., Ltd.) for the steel production work, which is the contractor, the non-party SEX Construction Co., Ltd. (hereinafter “non-party company”).

(2) On June 16, 2014, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant to the effect that the Plaintiff would undertake the steel-frame production works among the steel-frame production works in the diversified Facility Project, and the steel-frame production works among the steel-frame production works in the divers equipment project (hereinafter “the aforementioned subcontract agreements”), and on the same day, the said subcontract agreements were concluded with the Plaintiff to undertake the steel-frame production works among the diversing project (hereinafter “the instant construction”).

1. Project owner: The Taean Power Center of the Korea Western Development Corporation;

2. The name of the subcontracted project: The steel-making project in the name of the relevant subcontractor, 9, 10-HT;

3. Place of construction: 457, a power generation in the North Korean territory, Tae-gun, Chungcheongnam-gun, Chungcheongnam-do.

4. Construction period: The contract amount on July 31, 2014, as of November 5, 2014: 207,000,000 won (excluding value-added tax) was not determined as design drawings for the instant construction at the time of the instant subcontract. The contract amount was determined as the unit price per ton (1,380,000 won x 1,380,000 tons x 1,500 tons x 207,000 tons x 1,500 tons.

B. Although the design drawings of the instant construction and the Plaintiff’s delay in the instant construction began to commence construction immediately after the contract was concluded with respect to the prior construction, the instant construction was not commenced after the expiration of the construction completion period due to the non-party company’s lack of design drawings.

C. Defendant’s request for the execution of the instant subcontract.

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