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(영문) 서울중앙지방법원 2016.10.07 2016나12549
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. On November 10, 2014, the Plaintiff leased 3 and 4 stories (hereinafter “instant shopping mall”) from among the 5th floor of the 5th floor on the 5th floor in Bupyeong-gu, Seocheon-si, Busan (hereinafter “instant shopping mall”) for the purpose of opening a singing practice room, and concluded a waste disposal contract (hereinafter “instant construction contract”) with the Defendant (mutual name: D) who is a construction business operator, for the removal of the existing interior facilities as follows.

Work period: Construction cost of November 11, 2014 to November 18, 2014: 17 million won (excluding value-added tax; hereinafter the same shall apply): Terms and conditions and methods of payment of the cost of removal and disposal of waste - daily construction, and thus down payment shall not be paid.

-one day number 】 150,000 won (number of discarded vehicles x 400,000 won) shall be calculated on a daily basis.

- The remainder shall be paid by the contractor (the defendant) at the time of operation without the completion of the construction and supervision of the installation of the ordering agent (Plaintiff) and more than the facility.

B. Meanwhile, some of the general conditions of the instant construction contract are as follows.

Article 3 (Cancellation and Termination of Contracts for the Project) A person placing an order may cancel or terminate all or part of the contract in any of the following cases.

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