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(영문) 수원지방법원 2017.06.07 2016구합67975
벌점부과처분 취소청구의 소
Text

1. The Defendant’s disposition of imposing penalty points to the Plaintiffs on October 21, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Basic fact-management services contract is concluded by the Plaintiff Prior Engineering Architect, Inc. (hereinafter “Plaintiff Prior Engineering ”) and the Electrical Construction Architect, Inc. (hereinafter “new construction”) as a company engaging in design business, construction supervision business, etc., and is a construction technology service business entity under the Construction Technology Promotion Act, and the Plaintiff A is a construction project management engineer affiliated with Plaintiff Prior Engineering .

On September 2014, 2014, the Speaker announced construction project management services (hereinafter “instant management services”) for “B” (hereinafter “instant construction services”); and the said public announcement of tender states that the said management services do not constitute “construction project management services, such as acting as a supervisory authority,” the said construction project management services are “construction project management services in the construction phase.”

(A) 4.8 quality tests and performance review (1) Construction project management technicians shall inspect and confirm whether the contractor faithfully performs all operations affecting quality in accordance with the quality management (or testing) requirements set out in the construction contract documents.

(2) A construction project management engineer shall inspect whether the construction project management engineer has properly performed the quality management work in accordance with the plan for quality management (or testing) prepared by the contractor, and may request the contractor to make corrections if necessary as a result of the inspection, and the contractor in receipt of a request for correction shall correct it without delay.

Plaintiff

B. On October 28, 2014, prior engineering entered into a contract for joint performance of the instant management services (i.e., investment ratio: 70% prior engineering, and 30% prior construction) (hereinafter “instant management services contract”) (Evidence A5) with the party ordering the instant contract (i.e., the instant contract’s business instruction). The instant contract’s content includes the following:

(No. 22). The plaintiffs' failure to secure the test room, etc. are not more than in letter, which is the contractor of the construction of the construction of this case.

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