(영문) 서울고등법원 2017.02.16 2015나2065521

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(영문) 서울고등법원 2017.02.16 2015나2065521

기술용역표준계약유효확인 등

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1. The part against the defendant among the judgment of the court of first instance shall be revoked.

2. Of the Plaintiff’s lawsuit of this case, the attached Form is attached.

Reasons

1. From the first instance trial to the Plaintiff and the Defendant, the Plaintiff filed a lawsuit seeking the payment of KRW 132,00,000,000 for the construction supervision service contract concluded on November 17, 2010 with respect to an urban development project Cheongju-gu Seoul Special Metropolitan City (hereinafter “instant project”).

The first instance court rejected the part of the lawsuit for confirmation, and rendered a decision to partially accept the part of the claim for monetary payment and to dismiss the remainder of the claim, and only the defendant appealed.

Therefore, the scope of this Court’s adjudication is, in principle, limited to the part accepting the Plaintiff’s claim among the claims for monetary payment (see, e.g., Supreme Court Decision 97Da58200, Apr. 10, 1998). However, as to the entire part seeking monetary payment in the lawsuit of this case due to participation in the appellate trial’s succession as indicated in the following 4.1. It is at issue whether the Plaintiff is eligible to be a party to the lawsuit of this case.

2. Basic facts

A. 1) On November 17, 2010, the Plaintiff, a specialized construction-supervising firm, entered into a construction supervision service contract of this case with the Defendant on November 17, 2010, is attached to the technical service standard contract of 24 months from the commencement date of the contract period of value of KRW 264,00,000,000 ( 264,000,000) value of KRW 264,000,000,000 of value-added tax ( 240,000,000):

1. Article 4 (Payment of Price) (1) of the General Conditions of the service contract under the General Conditions of the Service contract (Payments) The Defendant shall pay 30% advance payment to the Plaintiff 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

Article 7 (Cancellation and Termination of Contract)

유사 판례

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