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(영문) 서울동부지방법원 2014.05.23 2013가합13137

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at developing the exhibition model and manufacturing, etc., and the Defendant is a company conducting construction business, and SBS Atex (hereinafter “SBST”) is a company aimed at producing multimedia content.

B. The lower court concluded a contract for design and construction work at KRW 7,693,290,00 with the Plaintiff and Non-Party Content Company as a joint contractor on June 30, 201, and prepared an order for work (Evidence B 3). According to the above order for work, matters to be executed, as a matter of course, shall be executed at the cost of the contracting party even if they are not specified in the design document, and shall be executed at the cost of the contracting party within the period agreed with the ordering party after the conclusion of the contract. The general manager and the person responsible for each type of work responsible for the design shall manage the manufacturing process in full, and the design documents shall be prepared within the scope of the contract amount, such as cost calculation, and the design documents shall be sufficiently prepared within the scope of the contract amount, such as the design documents and specifications, and the design documents shall be prepared within the scope of the contract amount calculated in addition to the design documents and specifications.

C. (1) The plaintiff first intended to execute the construction sector, but the size of the construction sector was changed and thus the participation of the specialized construction licence company was required.