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(영문) 서울중앙지방법원 2021.01.14 2020나2082

용역비

Text

1. The part of the first instance judgment against the Plaintiffs corresponding to the amount ordered to be paid below shall be revoked.

Reasons

1. Determination as to the plaintiffs' claims

A. Basic facts (1) The Plaintiffs are the representatives of “E” (hereinafter “instant office”), and the Defendant is the owner of the instant construction work for the construction of a living facility near the third floor above the F in Seopo-si (hereinafter “instant building”).

(2) On September 12, 2017, the Plaintiffs entered into a supervision agreement with the Defendant on the instant construction project (hereinafter “instant contract”). The key contents are as follows.

Contract amount: Period of contract for 20,000,000 won (excluding value added tax): From September 13, 2017 (Date of Scheduled Commencement) to the date of approval for the use of the building of this case: The period of payment and amount of payment of construction supervision expenses in Part A4, part A4 (the photographs, materials test records, quality tests results, etc. of major processes) for the legal, design supervision, and supervision (on-site visits at least once a week):

4,000,000 won 20% at the time of the non-fixed-end contract, when 6,000,000 won and 30% of 20% of 30% of 4,000,000 when completion of the structural assembly of the structural frame of container was completed, the building of this case was approved by the competent authority on November 1, 201, for use of 20,000,000 won and 30% of 30% of 20,000.

[Grounds for Recognition: Facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence No. 15, Eul evidence Nos. 4 and 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings]

B. (1) The Plaintiffs’ assertion (1) submitted a supervision report, which is the result of the supervision under the instant contract, to the Defendant. The instant building was approved on November 1, 2018, and the Defendant paid only KRW 10,000,000 at the supervision cost.

Therefore, the Defendant is obligated to pay the Plaintiffs the unpaid supervision cost of KRW 12,000,000 (=22,000,000 - KRW 10,000).

(2) The Plaintiffs (A) visit the construction site of this case at least once a week pursuant to the instant contract and conduct supervision.