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(영문) 서울중앙지방법원 2015.11.04 2015가합15028
기술용역표준계약유효확인 등
Text

1. The Plaintiff’s claim for confirmation of validity of standard construction supervision service contract among the instant lawsuit shall be dismissed.

2. The defendant.

Reasons

The summary of the case is that the plaintiff seeks confirmation of validity of the contract on the ground that the contract term of the construction supervision service contract entered into with the defendant is not expired and is still in force, and that it seeks payment of KRW 132 million out of the service price.

In fact, the standard contract amount of technical service contract for the construction supervision service contract: the contract period of KRW 264,000,000 of KRW 264,000: Article 1 (Basic Principles) of the General Conditions of the 24-month service contract from the commencement date; ② the defendant and the plaintiff must mutually cooperate to implement the contract in accordance with the principle of good faith.

Article 4 (Payment of Price) (1) The defendant shall pay to the plaintiff advance payment of 30% at the time of the contract, and the progress payment shall be made in four installments a year.

Article 6 (Period of Construction Supervision) The construction supervision period shall be 24 months from the commencement date of construction supervision in principle, and if it is necessary to extend more than the period, it shall be determined in consultation with the defendant

Article 7 (Cancellation and Termination of Contract) (1) In cases where a plaintiff falls under any of the subparagraphs, the defendant may cancel or terminate the contract in whole or in part.

(2) When the contract is rescinded or terminated pursuant to the provisions of paragraph (1), the defendant shall notify the plaintiff of such fact.

Article 10 (Limits of Work) The defendant shall not close unreasonable work for the construction supervision of the plaintiff, and the plaintiff shall perform the construction supervision with good faith in relation to the construction supervision.

Article 12 (Presentation of Record) After a contract is concluded between the defendant and the plaintiff, the plaintiff shall select a person responsible for the performance of duties and submit it to the defendant within seven days.

On November 17, 2010, the Plaintiff, which is a specialized construction-supervising firm, entered into a contract with the Defendant for supervision of an urban development project A with respect to a lot of Cheongju-gu B in Cheongju-si with B, 126,296 square meters, and the main contents thereof are as follows:

The plaintiff.

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