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(영문) 서울중앙지방법원 2018.07.12 2016나35016
구상금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

(a) A transactional relationship with a party, etc. 1) The Multifunctional Administrative City Construction Agency (hereinafter referred to as “contracting authority”);

Around December 27, 2006, U.S. v. S. (former trade name: U.S.C. : hereinafter “S.C.”)

(2) The construction work of administrative city-high-speed Intercity Transport Facilities (Stage 1) (hereinafter “instant construction work”) and working design service contract between the Gyeong Technology Corporation, and the consortium consisting of peace engineering (hereinafter “instant design service contract”).

(2) The subject matter of the instant design service contract falls under “Class I facility” under Article 2(2) of the Special Act on the Safety Control of Public Structures, and thus, the specialized design supervisor should be required to perform the design supervision in accordance with the Construction Technology Management Act.

Accordingly, on September 19, 2007, the contracting authority entered into a design supervision contract with the Defendant (hereinafter “instant design supervision contract”) with respect to the instant design service contract.

Article 2 (Compensation for Damages) (1) The Union shall be bound to compensate for any damages arising from legal claims for damages arising from the subject matter of services or any property damage to a third party as a result of the direct performance of professional occupation duties stated in securities by the beneficiary (including employees of the beneficiary).

Article 5 (Scope of Damage Compensation) The damages covered by the partnership shall be as follows:

1. Legal damages paid by the Insured to the victim (2) The following expenses (hereinafter referred to as the “instant mutual aid agreement”) are paid by the Insured to the Insured: (3) A mutual aid agreement between the Engineering Mutual Aid Association and the Insured for damage compensation with regard to the design service agreement of this case (hereinafter referred to as the “mutual aid agreement of this case”).

The main contents of the terms and conditions are as follows. 4) Engineering Mutual Aid Association between the Plaintiff and five non-life insurers whose executive secretary is the Plaintiff.

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