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(영문) 대구고등법원 2016.06.22 2015나2653
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff as a party is a company mainly engaged in the exhibition business and the production of visual works for exhibition purposes, and C operates the Plaintiff as a real representative, and the Defendant (which changed the Defendant’s trade name on November 26, 2014, although the Plaintiff had its trade name changed to H, the Defendant (which changed to the Defendant on November 26, 2014) is operating the Defendant as a real representative.

B. Around December 2009, Daegu Metropolitan City: (a) received from the Plaintiff a plan for construction costs for E construction (presumed total project cost estimates); (b) a plan for construction of E (library) with the materials, such as a public offering and design schedule for construction and installation of E construction and exhibition products; (c) around May 26, 2010, with the public offering of “E architectural design public offering and a public offering for production and installation of exhibition products” (hereinafter “instant public offering”) by means of public offering on May 26, 2010

A) The public notice of the decision was made (in response, not more than 2 co-conforms between the architectural design firm and the exhibition firm, and the representative firm shall be the architectural design firm, and the exhibition sector firm shall limit the "on-site construction business" to the registered entity under the provisions of Article 9 of the Framework Act on the Construction Industry.

[2] The Defendant, as an indoor building contractor, subscribed to the instant contest jointly with F Co., Ltd., a building design firm, and was selected as a company manufacturing and installing architectural designs and exhibits together with F Co., Ltd. on July 21, 2010.

C. On May 22, 2012, the Defendant entered into a construction contract with Daegu Metropolitan City and the Defendant with respect to construction works for manufacturing and installing exhibits (hereinafter “instant construction works”).

() The contract was concluded by setting the contract amount of KRW 796,800,000, but the contract was concluded on December 28, 2012, to increase the contract amount of KRW 934,290,000. 2) The Defendant entered into an amendment contract to the effect that the contract amount of KRW 934,290,000 during the instant construction work, prior to June 13, 2012, the video equipment part construction work with the ice corporation, and the stock company on August 2012.

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