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(영문) 서울고등법원 2016.12.13 2015나2040393
용역비
Text

1. Of the judgment of the court of first instance, as to the Plaintiff’s KRW 262,471,286 and KRW 234,131,150 among the judgment of the court of first instance, from October 18, 2014.

Reasons

1. Basic facts

A. The Defendant is a company that aims at a construction project to implement land trust. The Defendant is a housing construction project that newly constructs an apartment of 10 to 253,704, 440,000 won in total project cost and a construction period of 253, 704, 440,000 won on the ground (hereinafter “instant project”). From May 15, 2012 to July 14, 2014 (hereinafter “instant project”).

(2) The Plaintiff is a company with the aim of building design business and construction supervision business, etc., and is a supervisor of the said newly constructed apartment (hereinafter “instant construction”).

3) The Namyang-ju market is the person who has the approval authority of the instant project plan, and Daeyang-N Co., Ltd. is the truster who entrusted the management-type land trust to the Defendant regarding the instant land, which is the project site of this case, and it is a joint-use construction company (hereinafter referred to as the

(B) The Plaintiff is the contractor of the instant construction project. (B) On February 13, 2012, the Namyang-ju City approved the instant project plan with respect to the Defendant, and on May 7, 2012, designated the Plaintiff as the supervisor of the instant construction project and notified the Plaintiff thereof.

2) Accordingly, on May 17, 2012, the Plaintiff determined the contract amount of KRW 2,003,293,569 (including value-added tax) with respect to the instant construction project between the Defendant and the Defendant, from May 2012 to July 2014, the scheduled commencement date and the commencement date of supervision services, as of May 5, 2012 (hereinafter “instant supervision services contract”).

(3) The main contents of the terms and conditions of the instant supervision agreement are as stated in the “attached Form”, which are set forth in the instant supervision agreement.

After 4, the Plaintiff started supervision in accordance with the overall process, including posting a general supervisor C at a construction site and preparing a written review opinion on the details of design modification regarding the instant construction project plan.

C. The delay of the instant construction project.

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