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(영문) 의정부지방법원 2019.07.11 2018나210615
손해배상(건)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. Guri-si promoted excellent storage facilities, irrigation stations, drainage pumps facilities, and landscaping construction works within Guri-si D and E parks in order to prevent habitual flood damage to housing sites adjacent to C elementary schools.

B. The Defendant was awarded a contract for the installation of excellent storage facilities from the Guri-si.

C. On December 21, 2015, the Plaintiff received a subcontract from the Defendant for the period from December 21, 2015 to November 11, 2017, for the aggregate of KRW 1,369,50,000, including the aggregate of KRW 653,070,000,000,000,000,000 for soil and sewerage works, and for the construction period from December 21, 2015, the main contents are as follows.

(hereinafter referred to as the “instant subcontract”). Article 1 (Basic Principles) of the Agreement on the Subcontract of Construction Works (main sentence) (1) The principal contractor (referring to the defendant, hereinafter the same shall apply within this contract) and the subcontractor (hereinafter the same shall apply within this contract) shall exercise their rights and obligations under this contract by respecting mutual interests in accordance with the principle of good faith.

(2) The principal contractor and subcontractor shall comply with the Framework Act on the Construction Industry, the Fair Transactions in Subcontracting Act (hereinafter referred to as the "subcontract Act"), the Monopoly Regulation and Fair Trade Act, and other relevant Acts and subordinate statutes in the course of implementing this contract.

Article 2 (Amendment of Contract) (1) In any of the following cases, a principal contractor and a subcontractor may amend the terms and conditions of this contract and individual contracts in writing, with their signatures or seals affixed thereto, by mutual agreement:

1. Where it is inevitably required to modify the contract due to any reasonable and objective reason, and the principal contractor and the subcontractor recognize it all;

2. Where the details of construction are changed or temporarily suspended at the request of the project owner.

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