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(영문) 창원지방법원진주지원 2014.01.29 2013가합1160

유치권부존재확인 등

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 21, 201, the Plaintiff newly built the instant tenement house on the instant land, and entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) with the representative director for the said new construction project (hereinafter “instant construction project”) with the price of KRW 2,791,360,000, and the date of completion as of July 31, 2012 (hereinafter “instant contract”). The main contents of the instant contract are as follows.

Article 7 of the General Conditions [Assignment of On-Site Representative] (1) The defendant company shall assign a construction engineer corresponding to the main construction type of the construction work in question before the commencement of the construction work, as prescribed by the Framework Act on the Construction Industry, and shall appoint one of them as a on-site agent and notify

(2) Except as otherwise provided for in Acts and subordinate statutes or where the plaintiff consents thereto, an on-site agent referred to in paragraph (1) shall stay at a site and act for the defendant company with respect to all matters concerning execution, and shall take charge of the execution management

Article 11 [Inspection of Materials, etc.] (1) In the event that the Plaintiff requests an inspection by designating items from among the materials to be used by the Corporation, the Defendant Company shall undergo an inspection by the Plaintiff prior to use, and the materials which have failed to pass an inspection due to their difference with the design documents or

Article 17 [Supplementary Works] (1) If there are parts inappropriate for the design among the works executed by the defendant company, the plaintiff may request the correction thereof, and the defendant company shall comply with it without delay.

Article 29 [subcontract, etc. of Construction Works] (2) Where the plaintiff has subcontractors deemed significantly inappropriate in performing construction works, he/she shall replace or subcontract the subcontractor in writing within 30 days from the date he/she is notified of the subcontract or he/she becomes aware of the grounds therefor.