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(영문) 서울서부지방법원 2018.06.15 2016가단215304
손해배상(건)
Text

1. From February 18, 2017 to June 15, 2018, the Plaintiff (Counterclaim Defendant) paid KRW 379,677 to the Defendant (Counterclaim Plaintiff) and against this.

Reasons

1. Basic facts

A. On February 9, 2015, the Plaintiff entered into a contract with the Defendant, an architect, requesting design and supervision in order to construct D company houses (the instant building) on the ground outside C and one parcel of land in Namyang-si. The main contents of the contract are as follows.

1) Design content of the instant design contract: New construction - 1st underground floor, 5th floor reinforced concrete building, detached house - Building area of 475.78 square meters (14.92 square meters) - Contract amount of 51,00,000 square meters (730.54 square meters): 51,000 square meters (730.54 square meters): Contract amount: 120 days (120 days from the following day of contract (Article 2(2)) contract: Preparation of construction review books and acquisition of various books for construction (Article 3(1)) - If the Defendant fails to complete his/her business within the agreed period, he/she shall, without delay, pay to the Plaintiff compensation for delay for damages equivalent to 2.5/1000 square meters per day per day for each construction work, such as natural disasters, or for unavoidable reasons not attributable to the Defendant, or for the construction supervision (excluding construction supervision) of the Plaintiff’s construction work to be performed within the period of 200 days (30 months) construction work, etc.).

(Article 8(2) - The defendant shall confirm the result of the measure taken by the contractor upon the request under paragraph (2) and notify the plaintiff thereof.

(Article 8(3). - The defendant shall not comply with the request made in accordance with the provisions of paragraph (2).

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