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(영문) 서울고등법원 2016.10.21 2016나2025933
공사대금 잔금 청구의 소
Text

1. Of the parts concerning the principal lawsuit against the judgment of the court of first instance, the following amounts shall be ordered to be paid:

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur with the trade name of “C” engaged in interior decoration and interior interior design business, and F is an individual entrepreneur who is the Plaintiff’s partner, and engages in business, such as construction-related technology and services, as the Plaintiff’s partner.

B. On April 19, 2014, the Defendant entered into a PM service contract with F to the effect that F will perform project management, such as consulting, design, and construction management, on behalf of the Defendant, with respect to the remodeling project for the first and fourth underground floor in Mapo-gu Seoul Metropolitan Government (hereinafter referred to as “instant building”) and the fourth floor building (hereinafter referred to as “instant building”).

C. On June 18, 2014, the Plaintiff entered into the instant construction contract (hereinafter referred to as “instant construction contract”) with the Defendant on the following terms and conditions that the interior interior interior interior interior decoration works (hereinafter referred to as “instant construction works”) among remodeling works were awarded a contract with the amount of KRW 190,00,000 (value-added tax separate) on July 30, 2014 (i.e., the date of completion of construction work) and the amount of construction cost of KRW 190,00,000 (value-added tax).

7. The scope and terms and conditions of a project. (1) The name of a written estimate submitted at the time of a contract is the basic scope of a project.

1.(1) The terms and conditions of the execution of liability are as follows: (a) the damage incurred to the Defendant due to waiver or non-compliance with the air will be responsible to the Plaintiff for the total amount of damage incurred to the Defendant; (b) the additional amount is not subject to all settlement terms and includes the total

(other than parts of mutual recognition). (d)

The Plaintiff, from the Defendant, as the instant construction price, KRW 95,00,000 on June 19, 2014, and August 8, 2014; and

8.11. Payment was received in total of KRW 76,00,000 in total and KRW 171,00,000 in part payments.

E. The Plaintiff, through F on June 20, 2014, notified the Defendant of the termination of the instant construction contract and suspended the instant construction work. However, upon agreement to maintain the instant construction contract, the instant construction work on June 29, 2014.

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