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(영문) 대전지방법원 2018.08.22 2017가합108299
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

4. Scheduled date of commencement: The scheduled date of completion of the housing construction project on December 10, 2015: The construction supervision on December 10, 2015: The 11. Contract price under the Housing Act (Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents): 1.664 billion won (excluding value-added tax): the contract period on December 10, 2013 to December 9, 2015): 24 months from the date of commencement (scheduled: 24 months from the date of commencement (scheduled: December 10, 2013 to December 9, 2015), the terms and conditions of the housing construction supervision service contract - Article 17 (1) and (2) (3) shall be determined after mutual consultation, and the additional supervision expenses due to the additional placement of supervisors upon the extension of the contract period under subparagraph 2 of paragraph (1) shall be calculated based on the contract amount compared to the number of months supervision personnel and the number of months per person per contract amount.

Article 19 (Extension of Contract Period) (1) Where any of the following causes occurs within the contract period, a supervisor may request the project undertaker to extend the contract period:

1. Where the period of construction has been extended for any cause not attributable to the supervisor.

(3) A project undertaker shall, upon receipt of an application for extending the contract period under paragraph (2), take necessary measures, such as extending the contract period, without delay, so that the relevant services may be appropriately performed.

(4) Where the contract period under paragraph (3) is extended, the provisions of Article 17 (3) shall apply mutatis mutandis to the affairs of the extended contract period.

Article 23 (Final Payment of Price) (2) A project undertaker shall make a final payment within seven days of the date of issuance of approval for temporary use or inspection for use (where the person authorized to approve a project plan deems that the project has been completed), certificate of completion (hereinafter referred to as "date of completion of supervision services").

(3) If the final price has been paid under paragraph (2), the liability and obligations of the parties to the contract shall be extinguished.

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