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(영문) 수원지방법원 2019.04.18 2018가합12448
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as its annual 6% from March 10, 2018 to April 18, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant are companies running electrical construction business, etc.

B. On February 22, 2017, the Plaintiff entered into a comprehensive subcontract (hereinafter “instant contract”) with the Defendant under which the Plaintiff would give a subcontract to the Defendant for construction works ordered by Nonparty Korea Electric Power Corporation from March 1, 2017 to February 28, 2019, and the main contents are as follows.

Article 9 (Compensation for Damages) The defendant shall be liable for all civil, criminal and administrative damages to the life or property of the plaintiff and the defendant or a third party caused by intention or negligence in violation of the terms of this contract or failing to observe the plaintiff's work guidelines and safety work rules in the course of performing the construction works and services designated by the plaintiff.

Article 10 (Management of Access and Personnel) (4) The number of persons belonging to the defendant shall be maintained by one person of essential skills and two persons of essential skills, and shall make every effort to put an on-site agent into the Corporation at the beginning of the construction.

Article 14 (Cancellation or Termination of Contracts) (1) "A" may immediately cancel or terminate this Agreement in writing at the time of occurrence of the cause falling under any of the following subparagraphs:

(Omission) If “B” is difficult to achieve the purpose of this Agreement in contravention of the terms and conditions of this Agreement, and (2) if the contract is rescinded or terminated due to the reasons referred to in the preceding paragraph, the person designated “A” and “A” may perform an additional construction for the work not completed, and the “B” may charge “B” the expenses.

Article 16 (Other) (4) 6 months prior to the expiration of the contract term, and where construction has not been completed due to other reasons such as payment of penalty of 100 million won during the construction period, additional payment shall be made twice the construction amount to the Plaintiff. (5) During the contract term, the Plaintiff and the Defendant shall be 150,000 won or less of the total number of pocketbooks per day.

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