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(영문) 서울중앙지방법원 2018.03.28 2017나56898
손해배상 등
Text

1. Of the judgment of the first instance, the Plaintiff’s KRW 9,181,190 against the Defendant and the Plaintiff’s objection thereto from February 14, 2017 to March 28, 2018.

Reasons

Basic Facts

The date of commencement and completion of construction works shall be December 15, 2016, the total contract amount of KRW 36,080,000 for the contract amount of KRW 2,970,000 for the intermediate payment of KRW 14,432,00 (40%) for the intermediate payment of KRW 2,970,000 for the first 14,432,000 for the intermediate payment of KRW 2,970 for the contract amount of December 15, 2016 (the total contract amount of KRW 40%) for the first 14,432,00 for the first 2nd 14,432,00 for the date of commencement of construction works (the total contract amount of KRW 40%) for the period of commencement and completion

Provided, That in any of the following cases, the period of construction may be extended in consultation with the Plaintiff (Plaintiff) and B (Defendant):

1) The completion date is the date when a natural disaster or any other equivalent inevitable cause occurs and a normal completion date is completed when a construction work is not performed without any cause attributable to B. However, it is limited to cases where a construction work is completed and a completion inspection is requested to A. However, Article 8. Article 6 (Additional Construction Works) 1) If a part is not suitable for a contract or estimate during the construction work performed by B, a request for correction may be made, and B shall comply with it without delay.

Article 8 (Construction Work) 1) B shall be notified to A upon completion of the construction work, and it shall be deemed that the inspection of private teaching institutes and facilities of the Gangnam District Office of Education and the fire safety inspection of the competent fire station has been completed and passed through the completion inspection. Article 9 (Price Payment) 1) B may, after passing the completion inspection of the construction work, adjust the construction site, such as immediate removal and removal of surplus materials, wastes, temporary materials, etc., and claim for the balance of the construction cost to A.

2) Unless otherwise stipulated, Party A shall pay the balance of the Corporation to Party B at the same time as the delivery of the subject matter of the contract. The Plaintiff operating an English language research institute shall be the Defendant, who is engaged in indoor construction business on November 16, 2016 to establish a private teaching institute shop (hereinafter “instant construction contract”).

The main contents of the instant construction contract are as follows.

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