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(영문) 전주지방법원 2017.09.13 2016가합1792
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 17, 2012, the Plaintiff entered into a supervision agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the F Corporation’s ground (hereinafter “instant construction”) on the land outside the E-Eup/Myeon (hereinafter “instant construction”) on the following terms:

(A) The owner (A): The period for performing the construction supervision affairs under Article 2 (Business Period) of the Defendant Company shall be from the commencement to the completion date of the construction supervision affairs.

Article 3 (Methods of Calculation and Payment of Construction Supervision Expenses) (3) When making installment payments from May 17, 2012 to the date of payment, the timing and amount of payment shall, in principle, be as follows, implemented, but "A" and "B" may be adjusted through consultation:

Articles 7 (Commencement of Work) from January 17, 2013 to Article 7 (Commencement of Work) (1) "A" shall notify "B" of the date of commencement three days before the commencement of work, and "B" shall commence construction supervision from the date of commencement of work.

(2) "A" shall notify the contractor of the personal information of "B" before the commencement thereof.

Article 8 (Performance of Duties) (1) The term "B" shall confirm whether a building is constructed in conformity with the design documents as prescribed by the relevant Acts and subordinate statutes, and shall perform construction supervision according to the scale of the building according to the detailed standards for construction supervision.

(2) Where the construction project in question is not implemented in accordance with the design documents or is found to be in violation of the relevant Acts and subordinate statutes and the orders or dispositions under this Act, "B" shall notify "A" and then request the construction executor to correct or reconstruct it.

(3) "B" shall confirm the results of a measure taken by the contractor upon a request under paragraph (2) and notify "A" of the results thereof.

(4) If the construction executor fails to comply with the request under paragraph (2), the term "B" may request the suspension of the relevant construction work.

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