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(영문) 부산고등법원 2017.06.01 2016나2697
공사대금 등
Text

1. The part against the defendant among the judgment of the court of first instance is revoked and the plaintiff's claim corresponding to the above revoked part is dismissed.

Reasons

1. Basic facts

A. Co-Defendant A District Housing Association Promotion Committee of the first instance trial (hereinafter “Association”) is a non-corporate body established to promote apartment construction projects in the Busan Metropolitan City Maritime Transport Daegu C.

B. The Plaintiff is a juristic person established for the purpose of carrying on interior construction and building finishing work, etc., and the Defendant is a juristic person established for the purpose of carrying on a building business, an engineering work business, etc.

C. On October 26, 2013, the Cooperative Promotion Committee concluded an agency contract with the Defendant for the said apartment construction project (hereinafter “instant agency contract”).

The main contents are as follows:

Section 2(1) This contract is made to facilitate the project by consulting the Defendant with respect to the affairs of the partnership under the contract for the execution of the partnership with respect to the new construction project. Article 5(2)(3) Provision of design design and construction review plan(5) Provision of design service contractor's 10 model housing construction PT or construction contract.

D. Around November 2013, the Plaintiff entered into a contract with the Cooperative Promotion Committee and a model housing construction contract (hereinafter “instant construction contract”).

The main contents are as follows:

Contracts for the Construction of Model Escops by the Regional Housing Association Promotion Committee

1. The project owner: The name of the original contract work by the partnership promotion committee: the project to build the model houses by the partnership promotion committee;

2. The name of the subcontracted project: All of the construction works and display operations during the said project;

3. Place of construction: Busan Shipping Daegu D Institute.

4. Period: Three months after a written order is issued.

5. Contract amount: 1.1 billion won per day; and

6. Payment of the price;

(a) Construction cost: Payment in lump sum by members within 30 days after the inaugural general meeting;

E. On November 12, 2013, the Plaintiff entered into an indoor architectural design agreement with the Defendant regarding the design for the construction of model housing (hereinafter “instant design agreement”).

The main contents are as follows:

Indoor Architectural Design Agreement:

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