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(영문) 대전고등법원 2016.09.01 2015나1558
약정이행
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall submit to the plaintiff each document listed in the list (attached Form 1).

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1, 2, Eul evidence 1, Eul evidence 3 and 4 (including each number; hereinafter the same shall apply) and the whole purport of pleadings:

Article 1 (Purpose) The purpose of this Agreement is to enter into an agreement on all matters necessary for the smooth and reasonable progress of construction works in the course of jointly executing the rearrangement project of this case by the defendant and the plaintiff.

1. Construction name: The instant rearrangement project;

2. Orderer: Public viewing and viewing;

3. Period of construction: October 20, 2008 to October 20, 2011 (36 months);

4. Contract amount and equity ratio (unit: cost and value-added tax separate), Article 2 (Agreement Scope) of the amount subject to the execution rate of budget (hereinafter omitted) of the total amount subject to the execution rate of 8,798, 169, 964, 399, 084, 998, 98, 399, 994, 998, 998, all the Defendant (50%) (50%) (50%) (50

1. The scope of “construction” under Article 1 shall be limited to “construction” and shall be from the date of the contract to the date on which the repair of defects of the construction is completed, including the increase or decrease due

(including additional works directly related to this project). section 3 (Authority of Execution)

1. The defendant, as a representative, shall have the responsibility and authority to plan, manage, coordinate, etc. the overall operation of the site for the smooth performance of construction works as a whole and efficient performance of the rental work.

2. The defendant has all responsibilities and authority concerning the construction work, and the plaintiff must cooperate to the maximum extent possible with the defendant in the smooth progress of the construction work.

Article 5 (Receipt and Enforcement of Deposits/Advance Payments)

1. When claiming a progress payment or a completion payment, the tax invoice shall be issued in accordance with the shares of each company and filed by the defendant together, and the acceptance of the completion shall be received in accordance with the method enforced by the ordering office.

Article 6 (Accounting)

1. The settlement of accounts following the occurrence of the cost of construction works is based on the Defendant’s receipt of documentary evidence (tax invoices, etc.) related to the cost of construction works against each trading party, and the Plaintiff is divided into each of the accounts and the cost of construction works by item and the cost of construction work by the 10th of the following month.

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