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(영문) 서울남부지방법원 2017.05.12 2015가합7214
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a person operating C, which is a manship company, and the defendant is the representative of E hotel in Gangseo-gu Seoul Metropolitan Government D (hereinafter "the hotel in this case").

B. On April 14, 2015, the Plaintiff entered into a contract with the Defendant for the instant hotel interior work (hereinafter “instant hotel interior work”), and entered into the said contract (hereinafter “instant contract”).

The main parts of the contract are as follows:

The contract of this case

1. Construction name: E hotel interior work;

2. Construction place: E hotel in Gangseo-gu Seoul Metropolitan Government D;

3. Date of commencement: The date scheduled for completion on April 20, 2015: 1,050,000 won (excluding value-added tax) on July 30, 2015;

6. Contract bond: 1,00,000 won; and

7. End amount: to be paid within 75% of the total contract amount by the defendant and the plaintiff on the basis of the progress rate of construction before the completion date.

Article 12 (Implementation of Construction Works) (1) The plaintiff shall carry out construction works in accordance with the separate design plan, and may not modify the contents of the design at will without the consent of the defendant.

(2) When the defendant's request for a change in the term of the hotel interior work, the plaintiff shall accept all of the items supplied without any objection.

(3) The losses and liabilities incurred under paragraph (2) shall be borne by the plaintiff.

Article 16 (Non-conforming Construction Works) (1) When there are parts inappropriate for design documents during the construction works executed by the plaintiff, the defendant may request correction thereof, and the plaintiff shall comply with such request without delay.

(2) Provided, That when inappropriate construction works are carried out due to the demand or instruction of the defendant, the plaintiff shall not be liable.

Article 18 (Adjustment of Contract Amount Due to Modification of Design) The design relating to this contract is provided by the plaintiff and is consistent with the state of the construction site, or is not deposited due to omission or error, after the written approval of the defendant.

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