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(영문) 서울중앙지방법원 2014.06.11 2013가합535825
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that produces and supplies concrete, and the Defendants are co-contractors who entered into a contract for the construction of new nuclear power 1 and 2 main facilities (hereinafter “instant main facilities construction”) with the Korea Water-Power Nuclear Co., Ltd. (hereinafter “Korea Water-Power Nuclear Power Co., Ltd.”).

B. On September 7, 2010, the Plaintiff and the Defendants concluded a service contract for the production and transportation of concrete necessary for the instant construction (hereinafter “instant concrete construction”) and agreed to conclude a division contract so that the Plaintiff can smoothly obtain the contract performance guarantee.

From September 7, 2010 to December 31, 2011, the Plaintiff and the Defendants concluded a service contract for necessary volume during the construction period (hereinafter “instant contract”) from September 7, 2010 to December 31, 201, and revised the said service contract by adding necessary volume to the contractual content during the construction period until December 31, 2016, which was the scheduled date for completion of construction works.

다. 이 사건 계약에 첨부된 분할 계약내역서에 의하면, 원고는 콘크리트 생산 설비 설치 및 철거, 7가지 규격의 콘크리트 생산 및 운반 등의 용역을 수행하고, 그 중 2000PSIф25 규격의 콘크리트는 전체 공사기간 동안 301,695cy(cubic yard)를 단가 5,800원, 전체 금액 1,749,831,000원에 공급하기로 하였다. 라.

Among the general terms and conditions of the contract for the main facilities construction of this case, the main contents of this case are as follows.

Article 23 (Change of Design in Need of Order) (1) Where the ordering person deems it necessary to modify the design due to any of the following causes, he may notify the other party to the contract thereof in writing:

3. Amendment to a fair plan;

5. Other changes for the proper implementation of the project (change of a method of supply and demand for necessary materials) (4) The project owner may change the raw materials (materials supplied by the defendants) at the time of the initial contract into the raw materials (materials supplied by the project owner).

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