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(영문) 서울남부지방법원 2017.10.20 2015가합106968

사해행위취소등

Text

1. As to KRW 114,211,080 and KRW 107,860,298 among the Plaintiff, Defendant B shall be from August 18, 2015 to October 20, 2017.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant B entered into a contract for the interior works and the construction contract, i.e., E hotel located in Gangseo-gu Seoul Metropolitan Government D (hereinafter “instant hotel”).

(2) On April 14, 2015, the Plaintiff entered into a contract with Defendant B for the instant hotel interior services (hereinafter “instant hotel interior services”); and Defendant B entered into the said contract (hereinafter “instant contract”).

The main contents of the contract are as follows:

A person shall be appointed.

1. Construction name: E hotel interior work;

2. Construction place: E hotel in Gangseo-gu Seoul Metropolitan Government D;

3. Date of commencement: The date scheduled for completion on April 20, 2015: 1,050,000 won (Additional tax Map) on July 30, 2015;

6. Contract bond: 1,00,000 won; and

7. Completion portion: It shall be paid at a construction progress rate by up to 75% of the total contract amount by the Plaintiff and Defendant B before the completion date.

Article 12 (Implementation of Construction Works) ① Defendant B shall undertake construction works in accordance with a separate design plan, and may not modify the contents of design at will without the consent of the Plaintiff.

(2) When the Plaintiff’s request for a change in the existing items during the period of hotel interior works, Defendant B shall accept all of the existing items without any objection.

(3) The defendant B shall bear the damage and liability incurred under paragraph (2).

Article 16 (Non-conforming Construction Works) (1) When there are parts inappropriate for the design documents among the construction works executed by Defendant B, the plaintiff may request the correction thereof, and the defendant B shall comply with such request without delay.

(2) Provided, That where inappropriate construction works have been carried out due to the plaintiff's request or instruction, defendant B shall not be liable therefor.

Article 18 (Adjustment of Contract Price according to Modification of Design) Design relating to this Contract is provided by Defendant B, consistent with the state of the construction site, omission or error.