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(영문) 대전지방법원 2019.01.24 2017가단207649

손해배상(건)

Text

1. The Defendant’s KRW 8,914,700 and the Plaintiff’s annual rate of KRW 5% from April 20, 2017 to January 24, 2019.

Reasons

1. Basic facts

A. As to the construction of reinforced concrete structure (hereinafter “instant construction project”), the Plaintiff concluded a standard contract for building design with the content of entrusting the design service of the instant building as the contract amount of KRW 20 million (including value-added tax) around July 8, 2016; ② the contract amount of KRW 3 million (excluding value-added tax) around October 2016; and ② the commencement date of supervision ( October 21, 2016) through the date of obtaining approval for use on the ground of the Daejeon Seo-gu Daejeon Seo-gu site, the Plaintiff concluded a contract for construction supervision with the content of entrusting construction supervision as the contract amount of KRW 3 million (excluding value-added tax); and the commencement date of supervision (hereinafter “standard contract for construction supervision”) from October 21, 2016.

(hereinafter “instant design contract” and “instant supervision contract” are “the instant supervision contract,” and in case of term without distinguishing each of the above contracts, “the instant contract” is “the instant contract”).

The term "standard terms of construction supervision contract" attached to the instant supervision contract shall be as follows:

Article 7 (Execution of Supervision) (3) Where the construction work in question is not carried out in conformity with the design documents or is found to be in violation of any order or disposition issued or taken under related Acts and subordinate statutes, the construction supervisor shall notify the construction owner thereof and then request the construction executor

(5) Any project supervisor may, if the contractor fails to comply with the request made under paragraph (3), request in writing to suspend the relevant construction works.

(6) If a contractor fails to comply with a request for corrective, re-construction, or suspension of construction, the project supervisor shall report such fact to the permitting authority and notify the project owner.

(8) A project owner shall instruct the contractor to comply with the request of the project supervisor for the correction, re-execution or suspension of construction works.

Article 8 (Commencement of Business) (1) A project supervisor shall commence supervisory duties from the commencement date.

Article 20 (Cancellation and Termination of Contract by Project Owner) (1)