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(영문) 부산고등법원(창원) 2015.10.15 2014나22324
청구이의
Text

1.The judgment of the first instance shall be modified as follows:

A notary public of the defendant against the plaintiff shall be Kimhae & the world.

Reasons

1. Facts of recognition;

A. On October 21, 2011, the Plaintiff, established on June 17, 201, for the purpose of the conclusion of the construction contract, entered into a contract with the Defendant for the construction of a factory A located in Kimhae-si (hereinafter “instant construction”) with the Defendant on October 21, 201. The major terms and conditions of the standard contract for private construction works formulated at the time and the standard contract for private construction works attached thereto are as follows.

Standard contract forms for private construction works.

3. Date of commencement: October 30, 201;

4. Date scheduled for completion: The contract amount on January 30, 2012: 70 million won (excluding value-added tax); 11. The rate of liquidated damages for delay: 2/1,000 attached documents:

1. Terms and conditions of a contract for private construction works, one to four;

2. A copy of the standard terms and conditions of the contract for private construction works (hereinafter referred to as the “Standard Terms and Conditions of the Contract for Private Construction Works”) (1) In order to ensure the proper implementation of the contract, the Plaintiff may directly supervise the contract or appoint a person who performs the following activities on his/her behalf (hereinafter referred to as the “Corporation supervisor”):

1. Supervising and attending the general construction work;

2. To give an instruction, consent, or consultation to the defendant in performing the contract;

3. To be present at the inspection or examination of the materials and execution of the construction works;

4. To be present at the inspection of completed portion of a project, inspection of completion, or delivery of objects of a project;

5.The date of commencement and completion of construction works shall be the date specified in the contract, as delegated by the Plaintiff with respect to other construction supervision.

(2) Where it is impossible to start the commencement date of construction without any cause attributable to the defendant, the commencement date of construction shall be the date of commencement, and in such cases, the defendant may request an extension thereof

(3) The completion date refers to the date the defendant completed construction works and requests the plaintiff to undergo a completion inspection in writing.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

Article 16 (Extension of Work Period) (1)

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