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(영문) 대구고등법원 2015.11.03 2014나4904
보험금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The pertinent Plaintiff is an implementer that operates the Posedong City Development Project (hereinafter “instant project”) with respect to the Poseongdong-gu 1036-1, 207,766 square meters of Sungdong-gu, Seogdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the Plaintiff is a company that jointly received the instant project from the Plaintiff (hereinafter “A”), and the company that jointly received the instant project from the Plaintiff, and the Defendant is a company that entered into a contract for the Maseong Construction and the guarantee insurance.

B. On June 8, 2007, the Plaintiff entered into a contract with the Plaintiff, A, and Large Name Construction as a joint contractor for the construction of A and Large Name Construction. The Plaintiff entered into a contract for the construction of the instant project at KRW 24,00,000,000 of the contract amount. Among them, the construction of the instant project complex (hereinafter “instant construction”).

On June 25, 2007, the Plaintiff entered into a contract for modification of a contract with the content that the contract amount shall be increased to KRW 30,500,00,00 (the construction cost of KRW 13,838,480,00 in a complex, the construction cost of KRW 13,838,480,000 in the complex, and the construction cost of KRW 1,00,000 in the complex, and the completion date of a contract for private construction work as of June 19, 2010. (2) On September 30, 2010, the Plaintiff entered into a contract for modification with A and Large Construction to the effect that the contract amount shall be increased to KRW 30,50,000,00. The main contents are as follows.

Article 1 (General Provisions) A (hereinafter referred to as the “Plaintiff”) contract this project to B (hereinafter referred to as “A”) and C (hereinafter referred to as “T”) and C (hereinafter referred to as “T”) and C shall jointly supply and demand it, and C shall carry out the project in cooperation with C, and the representatives of B and C shall be the representative of A and C.

Article 5 (Business Allocation and Cooperation Obligation), and Byung shall carry out the following affairs.

1. Affairs concerning the construction of 100% responsibility by the permitted design drawings;

2. Cooperation on matters related to construction works and permitted conditions;

3. Civil petitions related to construction works;

4. Close cooperation in the progress of duties of Gap;

5. Other work related to construction shall be performed by the Corporation as Article 12.

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