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(영문) 수원지방법원안양지원 2020.07.24 2018가합102602
손해배상(기)
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant)’s KRW 19,628,117 and its amount from March 28, 2017 to July 24, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. The relevant Plaintiff between the parties is a company running the electric information and communications fire-fighting system construction business, etc., and the Defendant runs an information and communications construction business.

B. On June 10, 2015, C Co., Ltd. (hereinafter “D”) selected Company D as a contractor, and newly built officetels on the land outside E and one parcel of land. D subcontracted electric installations (including electric fire-fighting) and information and communications construction works (hereinafter “instant construction”) among officetels construction works to the Plaintiff, and the main contents of the subcontract concluded between D and the Plaintiff are as follows.

A project owner: The name of the subcontracted project for the F-built project: The contract price for the construction of electric installations (including electric fire-fighting) and one parcel of information and communications construction project: From July 1, 2015 to September 30, 2016: the contract price for the construction of one parcel other than E: 86,693,100 won (value of 810,000,000, value-added tax, value-added tax, 71,693,100 won); the field management of matters under a special agreement;

1. Within five days after entering into a contract, the Plaintiff shall carry out work after submitting a work schedule, the appointment of a safety manager, the appointment of a site manager, a plan for personnel, a plan for disposal of residues during the construction, etc., and obtaining D’s approval.

2. The plaintiff's on-site agent shall stay at the site, submit daily reports on the current state of withdrawal, materials input, work details, etc., and conduct work at the direction of the field manager;

D Out of the materials to be used by the plaintiff, a statement shall be prepared in one week prior to the use.

3. On-site agents shall in no case leave the site and shall in consultation with D in advance in extenuating circumstances.

Construction Management

1. In case of reconstruction by the direction of the Director of the On-Site, the expenses re-congested (including the payment materials) shall be borne by the plaintiff;

2. The assembly and disassembly of a board necessary for the work except for the installation of external vision shall be exclusively in charge of the plaintiff.

3...

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