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(영문) 서울고등법원 2017.09.14 2016나2089081

약정금 등 청구의 소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1. The first instance court;

Reasons

1. The reasoning for this part of this Court is as follows, and this part of this Court’s reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, given that the reasoning for this Court’s judgment is identical to the reasoning for the first instance judgment, except

Of the judgment of the first instance court, the third part of the judgment of the first instance shall be as follows:

"4) In relation to Article 7 (3), where delay in the deposit of Eul occurs not less than twice, it shall provide Gap with a passbook for the collection of construction costs and an employee reduction.

B The passbook provided by B shall be managed as follows:

(1) A shall use a passbook for the collection of money provided to him/her only for the purposes of ordering the construction and awarding a subcontract price.

(2) The amount of money to be deposited into the passbook B shall be managed under the responsibility of A, and shall be used only as construction expenses for the execution of the construction work. If any damage incurred to B due to the exclusive use for other purposes, it shall be borne by A.

3. A shall return to B the passbook and the employee identification number of B immediately after the completion of all the amounts of the said Corporation.

(4) A shall deliver the details of deposits and withdrawals of passbook B to B at the end of each month, and present materials to ensure that there is no problem in the accounting of B (where B is requested).

5) Matters not specified in this Convention shall be dealt with by consultation with Gap and Eul. Article 9 (Effect) 1) The effective date of this Convention shall be from the date of conclusion to the date of the completion of this construction and the expiration of the defect repair period.

(2) subsection (3) of this Convention shall take precedence over any agreement entered into with A in connection with the above project.

Article 10 (Other Damage of the other party caused by failure to comply with the provisions of this Convention shall be compensated by the side which caused the damage.

“”

B. Of the judgment of the first instance court, the third part of the judgment of the first instance is added as follows in the front of the "(applicable for recognition") of the third part."

C. The Plaintiff from June 201 to December 2014.