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(영문) 서울중앙지방법원 2017.01.10 2015가단5341237
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On 2005, the Plaintiff, in relation to the subcontract for the construction of a bridge, ordered a construction project A from the Young-nam Regional Headquarters of the Korea Rail Network Authority.

On August 20, 2012, the Plaintiff subcontracted the Defendant with total amount of KRW 1,649,971,440 in connection with the construction of B and C (hereinafter collectively referred to as the “instant bridge”) one of the detailed construction works within the said construction site, to the Defendant in total of KRW 1,649,971,440 in relation to the construction of the said bridge.

(A) 1 to 5) b.

The process of construction of a bridge until the completion of the bridge in this case is comprised of ① construction of ditches, ② production and installation of intersections, ③ production and installation of stronger engines, ④ installation of a partition wall to the upper structure (construction of a joint board, assembly of steel bars inside a sturbroid, building of a partition wall concrete inside a sturbr), ⑤ installation of a steel channel to the upper structure (working of the upper floor concrete, installation of upper slabs, rail, etc.), ⑤ Work of installation of a rail line to the upper structure (working of the upper floor concrete, installation of upper slabs, rail, etc.) ⑤ Work of installation of a bridge to the upper structure, etc. (working of the upper floor concrete, installation of upper slabs, and rail, etc.) ⑥ Work of the strongerer and the operation of an intersection.

In the process of the above series of processes, the defendant's process is three processes of manufacturing and installing lectures (or parts of a normal structure) and vi) the use of softs and the intersections.

C. The Defendant’s lectureer production and installation work 1) There is a buffer system, which consists of the upper rate, earing rate, and lower rate, between the lectures of the instant bridge and the teaching angle.

The upper structure, such as the steel stack, can lead to a detailed change in the shape of vibration, temperature change or dried, etc. due to the operation of wind or means of transportation, etc., such as a fluor, a fluor, a fluor, a dluor, a dluor, etc., of the upper structure. As a result of the transformation of the upper structure, the upper structure is appropriately distributed to the lower structure, such as a dluor, with due direction and direction within the range permitted to the upper structure and the lower part of the upper structure.

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