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(영문) 수원지방법원 2017.02.03 2015가합3139
용역대금
Text

1. The Defendant: KRW 27,016,859 for the Plaintiff and KRW 5% per annum from May 15, 2015 to February 3, 2017.

Reasons

1. Facts of recognition;

A. From April 11, 2008, the Plaintiff entrusted and managed apartment houses with two village spawned with a size of 490 households located in the 490-household-Eup, Sungsung-si, Sungsung-si, with the purpose of housing management business and safety diagnosis business (hereinafter “instant apartment”).

B. On April 4, 2008, the Plaintiff and the Defendant entered into an entrusted management contract for the instant apartment, and entered into a special agreement stipulating that the Plaintiff would examine and verify defects existing in the instant apartment and prepare a defect diagnosis report (hereinafter “instant contract”), and the main contents thereof are as follows.

Article 6 (Period of Contract) of the Agreement on Entrustment of Management of Multi-Family Housing

1. The term of validity of this Agreement shall be from April 11, 2008 to April 30, 2010.

§ 24 (Implementation of Proposal Matters).

1. Submission of a report on diagnosis of defects without compensation in the first and second years;

2. Submission of a diagnosis report (a separate diagnosis contract) to the third year (or second year litigation expenses) and the subsequent terms and conditions of payment (5% of the aggregate of the deposits for the first year to the third year), Article 25 (Additional Rules).

3.It shall be the same contract under the conditions of the contract for inspection of defects and verification services, and the implementation period of the contract shall be as set out above.

The purpose of this contract is to facilitate the enhancement of utility, repair of defects, and ensure structural safety by examining defects that may cause harm to the functions, aesthetic features, or safety of a building or structure by conducting a defect investigation and verification of the facilities owned by the defendant, and by presenting methods and amounts of repair, reinforcement, etc., in violation of design drawings, etc.

Article 2 (Scope of Defect Inspection and Verification) The defendant shall pay to the plaintiff the cost of services for defective removal as follows: 490 households and ancillary facilities (payment of service cost, etc.) the defendant shall pay to the plaintiff the cost of services for defective removal.

1. The time when a defect inspection commences.

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