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(영문) 부산지방법원 2017.10.25 2015가합44628
손해배상(기)
Text

1. The Defendant (Counterclaim Defendant) B is jointly with the Defendant (Counterclaim Plaintiff) and the Defendant C is jointly with the Defendant (Counterclaim Plaintiff) B.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff entered into a design service contract, construction work contract, and construction supervision contract (hereinafter “instant building site”) with the head of Gangseo-gu Busan Metropolitan Government and G (hereinafter “instant building”) to newly construct neighborhood living facilities and detached houses with the fourth floor area of 494.69 square meters on the ground (hereinafter “instant building”). On July 2012, the Plaintiff entered into a design service contract (hereinafter “instant design service contract”) with Defendant C, setting the design service for the instant new building as the service cost of 3,000,000 won (excluding value-added tax) with Defendant C around November 2012, the Plaintiff entered into a construction supervision contract with Defendant B (hereinafter “instant construction contract”) with the owner of the instant building (hereinafter “instant construction work contract”) with the construction cost of 374,00,000,000 won (including value-added tax), and ③ around February 2, 2013 with Defendant D as the construction supervision contract (hereinafter “construction supervision contract”).

B. 1) C’s design drawings for the construction of the instant building in accordance with the instant design service agreement (hereinafter “instant design drawings”).

A) Defendant B prepared the instant building on the basis of the instant design map and completed the instant building construction under the supervision of Defendant D and delivered it to the Plaintiff around May 2013. (2) Defendant E was designated as an agent in charge of the on-site investigation, inspection, and confirmation of the approval of the use of the instant building on August 19, 2013, pursuant to Article 5 of the Convention on the Appointment, etc. of Agents from the Busan Building Association on August 13, 2013. (3) Defendant E was designated as an agent in charge of the on-site investigation, inspection, and confirmation of the approval of the use of the instant building on August 19, 2013 and Article 21 of the Enforcement Rule of the Building Act.

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