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(영문) 서울북부지방법원 2020.07.23 2019가합20348
손해배상(건)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 10, 2015, the Plaintiff entered into a contract for construction works with E (hereinafter “instant construction works”) with the construction company E (hereinafter “E”) on the F-based F-based F-based F-based F-based F-based F-based F-based F-based F-based F-based F-based (hereinafter “instant construction works”). H Co., Ltd (hereinafter “H”; hereinafter “E and H-H,”) with the content that the construction cost would be KRW 7,02,000,000,000,000,000 won; and H Co., Ltd. (hereinafter “H”) provided joint and several guarantee for the instant construction works against the Plaintiff and carried out the instant construction works.

B. On August 19, 2015, Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a supervision service agreement with the Plaintiff to perform all rental services from the commencement date of the instant construction to the completion date of the pre-use inspection and to the completion date of construction, civil engineering, electricity, machinery, fire-fighting supervision, and fire-fighting as follows (hereinafter “instant supervision service agreement”) and to receive KRW 15 million (value-added tax separate) at the cost of the relevant services, and carried out supervision services from around that time:

Defendant C is the representative director of the Defendant Company, and Defendant D is the inside director of the Defendant Company.

[Mains of the instant supervision service contract] Article 3 (Calculation of Construction Work Costs and Method of Payment) (1) The calculation standards and method of the construction supervision cost shall be based on remuneration standards.

Provided, That where the on-site conditions and construction supervision conditions are special, the plaintiff and the defendant company shall determine them through consultation, and the cost of supervision of the multi-use building shall be governed by the Construction Technology Management

(2) The remuneration and payment method for the work supervision shall be based on the design cost payment method.

(3) In the case of installment payments of remuneration, the payment timing and amount shall, in principle, be as follows, and may be adjusted through consultation between the plaintiff and the defendant company:

15% of the total amount of payment at the time of payment shall be 15% of the total amount of payment at the time of completion of the separate underground floor between 15% and 15% of the total amount of payment at the time of receipt.

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