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(영문) 부산지방법원 2020.02.12 2019나53617
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

(a) Busan Metropolitan City (the managing body: the Busan Environmental Authority for the Intervenor to the Intervenor to the Busan Environmental Authority (hereinafter referred to as the "Stsan Environmental Authority");

A) The Defendant and the Defendant performed the construction work by entering into a contract with the Defendant on the installation of an integrated sewage pipe in the C treatment area (the construction work period: from November 30, 2010 to December 31, 2013; the construction cost of KRW 23,600,00,000), and the Busan Urban Corporation entered into a contract with the E (E) (hereinafter “E”) for the installation of wastewater pipes among the construction works (two sections) and the G pumps (the construction work period: December 31, 208 to December 31, 2013; the construction cost of KRW 6,439,00,00).

At that time, the Defendant entered into a subcontract with the Plaintiff for “B-LINE” (hereinafter “instant construction”) during the construction work.

The contents relating to this case in the subcontract shall be as follows:

[Standard subcontract agreement for construction works] Article 14 (Change and Suspension of Construction Works) (4) With respect to the volume of construction works additionally executed by the plaintiff under the defendant's direction, the defendant shall pay an increase from the ordering

Article 16 (Emergency Measures) (2) The defendant or supervisor may request the plaintiff to take emergency measures, if deemed necessary to prevent fire or to do so urgently in the course of performing construction works.

In this case, the plaintiff shall immediately comply with it.

(3) The provisions of Article 14 shall apply mutatis mutandis to expenses required for emergency measures through consultation between the plaintiff and the defendant.

Article 18 (Liability for Damages) (1) In case the subject matter of the Corporation or a third party is incurred due to a cause not attributable to both the original and the defendant before being delivered to the defendant, this shall be borne by the plaintiff.

Provided, That if there is a cause attributable to the defendant or if there is a cause attributable to the defendant, or if the damage occurs to the subject or a third party due to a cause not attributable to both the original defendant.

(2) Any other agreement shall be made on the object of construction, or any third party, for which the latter is not liable, during the inspection period of the object of construction.

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