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(영문) 서울남부지방법원 2019.06.28 2018나62667
용역비
Text

1.Paragraphs 1 and 2 of the judgment of the first instance, including the plaintiff's claim extended by this court, are as follows.

Reasons

1. Facts of recognition;

A. The plaintiff is a corporation that conducts defect diagnosis and determination under the apartment house management Decree, and the defendant is the council of occupants' representatives comprised of the sectional owners of B buildings composed of two buildings located in Seongbuk-gu Seoul Metropolitan Government (hereinafter "the building in this case").

B. On January 27, 2011, the Plaintiff and the head of the management office of the Defendant, prepared a report on the investigation of defects, such as defective construction, erroneous construction, and non-construction, and submitted the report to the Defendant, and entered into a contract on defective construction and technical consulting services (hereinafter “instant service contract”) with the content that if technical advice and administrative support are provided by the time of agreement with the contractor, etc., the Plaintiff would receive 2 million won of the down payment and 6% of the remaining agreed amount (excluding value-added tax) from the service cost.

The terms and conditions of the instant service contract and the relevant terms and conditions are as follows.

(1) The balance of down payment (within 7 days after the contract) shall be 2 million won (within 7 days after the contract) and 30 days after the contract terms and conditions: The defective construction of the exclusive and common areas pursuant to the relevant Acts and subordinate statutes in the previous calendar (in kind, within 30 days after the contract is made) and the defective construction of the exclusive and common areas pursuant to the contract terms and conditions, various design documents and specifications, and the erroneous construction of the Kajug for sale, the incomplete construction of the Kajug for sale, the inspection of defects in the use of the low-priced materials (including the calculation of quantity and specifications) and the preparation and submission of a report (including the calculation of quantity and specifications) on technical consultation and administrative support from the date of the consultation to the date of the consultation.

1. A report on the inspection of defects shall be submitted 60 days before and after the commencement date;

Article 4 (Payment, etc. of Service Price) (Ar may be somewhat changed according to On-Site Conditions)

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