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(영문) 서울고등법원 2018.08.16 2017나2007765
손해배상
Text

1. Of the part against the principal lawsuit of the judgment of the first instance, the Defendant (Counterclaim Plaintiff) corporation, Bable EPP office.

Reasons

Each principal lawsuit and each counterclaim shall be deemed simultaneously.

Basic Facts

On April 22, 2013, the Plaintiff and the Plaintiff entered into a service contract between the Plaintiff and the Defendant Pakistan and the Plaintiff entered into a design, construction phase CM management and supervision service contract between April 22, 2013 and March 31, 2014 with respect to the construction of a new harbor logistics center (hereinafter “instant construction”) in the rear-dong complex of Busan (hereinafter “instant construction”). The contract amount is KRW 480,000 (Defendant Pakistan’s 381,000,000, Defendant Non-Construction 99,000,000,000, and each value-added tax separate), with respect to the construction of a new harbor logistics center in the rear-dong complex of Busan (hereinafter “instant logistics center”).

The main contents of the above service contract and the general terms and conditions of the contract applicable to the above contract (hereinafter “instant terms and conditions”) are as follows:

【Design, Construction Work Process CM and Supervision Services Contract】

7. Payment of the price: Cash 1) Advance: 2) No advance payment: Payment made pursuant to Article 3 of the General Terms and Conditions of the Contract, and payment shall be made, and the transfer and settlement of accounts shall be completed, and the balance payment shall be 10% (general Terms and Conditions of the Contract of this case] Article 3 (Calculation of Service Costs and Method of Payment).

2. The cost of this service (the contract amount under section 6 of the present contract) covers all the costs of civil engineering, construction, machinery, electric equipment, design, fire-fighting, service in the field of civil engineering, construction, fire-fighting, and the head of the building group in the field of construction of the defendant non-construction.

This service cost shall be separately claimed and received by each company.

3.The time of and amount of payment for service costs shall be as follows:

(1) The payment method of service costs shall be made once every two months in accordance with the personnel input rate of attached Table 2 according to the progress of the work during the construction period, and the remainder shall be made after the initial household management is completed.

② Defendant Pson and Party Bson shall claim service costs in the relevant month, and the Plaintiff shall pay the service costs within 15 days after receipt of the written request for service costs.

Article 5 (Sharing of and Responsibility for Defendant Telecommunicationsperson’s Business and Non-Construction)

1. Main services;

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