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(영문) 광주고등법원 2019.01.11 2018나23659
용역보고서수정안제출
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On December 17, 2014, the Plaintiff entrusted the task of investigating the impact of fishery damage caused by C, D, and E (hereinafter “instant three projects”) from the Incheon Regional Maritime Affairs and Fisheries Office and the Incheon Free Economic Zone Office, and entered into a service contract with the Defendant on the investigation of fishery damage caused by the implementation of the instant three projects (hereinafter “instant service contract”), and the main contents are as follows.

Contract amount of a fishery damage investigation and service contract: One hundred million won (one thousand won,00,000 won): The contract period: Article 2 (Details of Services) of the Act from December 17, 2014 to June 16, 2016 (18 months) shall perform the duties prescribed by the attached business manual.

Article 7 (Inspection) (1) When the defendant completes this service, he shall submit the service performance products specified in the business instruction to the plaintiff and undergo the necessary inspection.

(2) When the plaintiff receives a performance product under paragraph (1), he/she shall examine whether the contract has been performed in accordance with the contract or other related documents within 14 days from the date of receipt.

(3) The plaintiff may demand the defendant to submit data necessary for conducting the examination under the preceding paragraph, and the defendant shall comply with such demand.

④ When the content of the product that the Defendant submitted to the Plaintiff is not consistent with the terms and conditions of the contract or is deemed insufficient, the Plaintiff may demand the Defendant to supplement the product.

(5) When the last inspection is completed after amendment and supplementation of a performance product, the plaintiff shall notify the defendant of the completion of inspection.

Article 10 (Amendment of Contracts) (1) Where a contract is deemed necessary due to an amendment to the important terms and conditions of the contract, such as an amendment to the details of the task, during the implementation of this contract, the original defendant may enter into an amendment contract

Article 16 (Examination and Ownership of Results) The defendant shall submit the results of the service and undergo an examination, and the main results and other results shall be the plaintiff.

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