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(영문) 수원지방법원 2017.05.02 2016가합2850
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a contract with the Ulsan Metropolitan City Urban Corporation on the acceptance of responsible supervision services for two sections (hereinafter “instant supervision services contract”) among the development projects for the Hanjin-dong, Ulsan Metropolitan City Industrial Complex (Stage 2) ordered by the Ulsan Metropolitan City Urban Corporation (hereinafter “instant construction”). The Defendant entered into a contract with the Ulsan Metropolitan City Urban Corporation to supply and demand the instant construction (hereinafter “instant construction contract”).

B. On March 5, 2013, the Defendant, while carrying out the instant construction project, filed an application for change of the place of gathering with the Plaintiff, which changed part of the initial place of gathering into the “stoptoptop construction site in Ulsan Metropolitan City, Ulsan Metropolitan City,” and submitted a written opinion of review that the said application is appropriate on March 8, 2013 to the Ulsan Metropolitan City Urban Corporation.

On March 13, 2013, the Ulsan Metropolitan City Urban Corporation approved the defendant's application for change of the above place of work according to the plaintiff's written review opinion.

On April 26, 2013, the Defendant filed an application for change of the place of work, which changed part of the original place of work into the site of the construction of a new apartment complex in Ulsan-gu, Ulsan-gu. The Plaintiff submitted a written review opinion to the Ulsan Metropolitan City Urban Corporation on April 29, 2013 that the Defendant’s application was appropriate.

On May 2, 2013, the Ulsan Metropolitan City Urban Corporation approved the defendant's application for change of the above place of work in accordance with the above review report.

C. The Defendant filed an arbitration against the Ulsan Metropolitan City Urban Planning Corporation seeking progress payment pursuant to the instant construction contract with arbitration No. 15211-0015 against the Korea Commercial Arbitration Board as an incorporated association.

In the above arbitral proceedings, the Ulsan Metropolitan City Urban Corporation will bear the Defendant’s transport cost as to the net banking transport cost out of the construction cost under the original construction contract of this case.

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