logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.08.11 2015나58685
계약금 반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

. Facts of recognition.

A. The Plaintiff is the head of the hospital in Gangnam-gu, and the Defendant is a company specializing in the manufacturing and installation business of freezing and specified equipment, rapid freezing equipment manufacturing and installation business, etc.

B. On October 31, 2013, the Plaintiff entered into a contract under the direction of the F director affiliated with the Defendant to contract the Defendant with the studio cudio construction in the cell culture room at D Hospital (hereinafter “instant construction contract”).

The details of the instant construction contract are as follows.

On October 30, 2014, the date of completion of work on November 30, 2014: The contract amount of KRW 73,00,000 (value of KRW 66,363,00, value-added tax of KRW 637,00): 30% (21,90,000) and the balance of KRW 70% (within 15 days after the completion of the work) of the special engineer’s estimate, specifications, drawings attached * GPMP is translated into “standards for manufacture and quality control of medicines” as the socially weak, and “GMP certification” received from the Ministry of Food and Drug Safety (hereinafter referred to as “food master”) means conformity assessment under the criteria for manufacture and quality control of medicines.

The term "authorization and permission (excluding cancellation, etc. of the contract by the contractor)" means verifying that the result of the pre-established criteria for the specific process, method, machinery or equipment, or system has consistently been derived, and documented. Article 30 of the General Conditions of the Contract (excluding paragraph (g) of the Rules on the Safety of Drugs, etc. (Article 1098 of the Prime Minister) [Attachment 1] of the General Conditions of the Contract (Article 1. of the Rules on the Safety of Drugs, etc. (Article 1098 of the Ordinance of the Prime Minister) (1) The contractor may cancel or terminate all or part of the contract in any of

2. Where it is evident that there is no possibility of completing work by the scheduled date for completing work due to the contractor's responsible causes.

C. At the time of the conclusion of the instant construction contract, F of the Defendant F’s director agreed on the details of the instant construction contract with the Plaintiff.

F at the time of service with the name of the defendant.

arrow