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(영문) 서울중앙지방법원 2017.12.12 2016가단5264870
공사감리비 등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) C Co., Ltd. is KRW 8,800,000 and the same on March 1, 2017.

Reasons

1. Basic facts

A. On July 10, 2014, the Plaintiff entered into a construction supervision agreement between Defendant B and Guro-gu Seoul Metropolitan Government, which is the contract amount of KRW 93,000,000 (value-added tax separate) with respect to the newly-built urban-type housing construction works on the land outside Guro-gu, Seoul. The outline of the instant E construction works and the main contents of the supervision agreement are as follows:

(2) The remuneration for affairs of construction supervision may be paid in lump sum or in installments, and the expenses for the supervision during the performance of duties shall be settled in consideration of the construction cost and the construction period.

(3) In case of installment payments of remuneration, the time of payment and the amount of payment shall, in principle, be as follows, and may be adjusted in consultation with A and B:

2) On July 15, 2014, Defendant B paid KRW 9,500,000 to the Plaintiff as the down payment, and thereafter, Defendant C Co., Ltd. (hereinafter “Defendant C”) whose representative director is Defendant B, as the down payment.

(3) As a result, Defendant C succeeded to the status of a party under the instant supervision agreement from Defendant B, by July 2015, the Plaintiff performed supervisory duties on the instant E project from July 2015, and thereafter requested Defendant C to modify or re-contract the instant supervision agreement due to the extension of the construction period, and on August 25, 2015, the contract amount is KRW 74,100,000 (excluding value-added tax). The contract amount is changed from January 1, 2015 to December 31, 2015, and the existing contract period is changed to December 31, 2015. However, Defendant C did not comply with the Plaintiff’s request.

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