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(영문) 의정부지방법원 2018.11.21 2018가단108827
손해배상(기)
Text

1. The Defendant: (a) KRW 13,00,000 for the Plaintiff and 5% per annum from December 13, 2017 to November 21, 2018; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 2016, the Plaintiff received a proposal from the B architect office located in Macheon-si and one parcel of land (hereinafter “instant construction”) to make an estimate and make an estimate.

B. On December 12, 2016, the Plaintiff: (a) delivered a written estimate to the Defendant, the owner of the instant construction project, who was the owner of the said construction project; (b) concluded a contract for the instant construction project with the Defendant on December 27, 2016, setting the completion as KRW 27, 2016; and (c) the contract amount as KRW 2,937,00,000 on June 30, 2017; and (d) entered into an agreement under the special terms and conditions as follows (hereinafter “instant agreement”).

Article 1 This Agreement shall not be invalidated as a contract including an estimate based on the present drawing. The plaintiff shall enter into the following periodical contracts with the defendant after the receipt of the revised supplementary drawing and submitting a new estimate based on the revised revised drawing after obtaining the approval from the defendant.

Article 3 The plaintiff is entitled to priority in order to enter into a contract under the same conditions as other competitive enterprises even if the plaintiff's competitiveness is lowered due to subsequent comparison with other estimates based on the revised and amended drawings.

Article 4 The plaintiff shall endeavor to ensure that a contract is concluded in a fixed manner with the gender of the plaintiff, and the defendant shall provide the plaintiff with legitimate opportunities, so that a good result can be achieved through mutual trust and cooperation.

C. The Plaintiff received a request from the Defendant to report the commencement of construction works immediately after the increase in supervision costs, and prepared a commencement document, such as “report on fugitive dust generation business, etc.” and “prior report on specific construction works,” on the date of the conclusion of the said contract, and received it at the time of Macheon Office through the said architect office.

On May 30, 2017, the Plaintiff submitted a written estimate to the Defendant regarding the instant construction project in consideration of the design change, etc.

E. However, the Defendant around August 2017.

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