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(영문) 수원지방법원성남지원 2020.09.22 2017가합407493

손해배상(건)

Text

1. The Defendant (Counterclaim Plaintiff) is from November 4, 2017 to September 22, 2020, with respect to KRW 788,478 to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The plaintiff aims to provide real estate consulting services, and the defendant is a corporation with the purpose of building construction business.

B. On August 19, 2016, the Plaintiff entered into a contract with the Defendant to set the construction period of ten buildings (hereinafter “instant construction”) on the land outside C and three parcels (hereinafter “instant building”) from January 15, 2016 to September 30, 2017, with respect to the construction of the said building (hereinafter “instant construction”).

(hereinafter “instant contract”). The main contents are as follows:

Article 10 (Period of Work) (3) The date of completion refers to the date the defendant completes construction works and requests the plaintiff to undergo a completion inspection in writing.

However, it shall be limited to the cases of passing a completion inspection under Article 27.

Article 26 (Partial Use) (1) The plaintiff may use the whole or part of the object of construction with the consent of the defendant even before transferring the object of construction.

Article 27 (Completion Inspection) (1) The defendant shall notify the plaintiff upon completion of construction, and the plaintiff shall conduct the inspection without delay in the presence of the defendant after receiving the notification, and if the plaintiff fails to notify the result of inspection within ten days after receiving the notification of the defendant, the inspection shall be deemed to have passed at the expiration of ten days.

Provided, That in case where inspection is not completed due to force majeure such as natural disaster, etc., the period during which such cause exists and three days from the date on which such cause ceases to exist.

(2) When the defendant fails to pass the inspection under paragraph (1), he shall repair or remodel it without delay and undergo a completion inspection again.

Article 28 (Payment of Price) (1) After passing the Plaintiff’s completion inspection, the Defendant may adjust the construction site, such as the removal and removal of surplus materials, wastes, temporary facilities, etc., and claim the payment of the construction price to the Plaintiff.

(2)