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(영문) 수원지방법원 2018.05.30 2017나11770
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 2016, the Plaintiff and the Defendant entered into a consulting agreement with the following contents (hereinafter “instant consulting agreement”) in constructing seven households of single house (hereinafter “instant construction”).

1. Name of the construction: Seven single houses in Gyeonggi-do, the store and housing construction works;

2. Construction works: Consulting contract; and

3. Period: 30,000,000 won for the total amount of a contract between April 2, 2016 and September 30, 2016;

5. Contract deposit: 10,000,000 won after the commencement of construction, and intermediate payment: 10,000,000 won after the completion of construction, for example, by 10,000 won after the removal of slab concrete from the second floor.

6. The period of construction does not recognize the date of a natural disaster or on the date of a construction in e.g.

The owner of a building and the construction manager shall conclude a construction contract according to this contract and the detailed design drawings and specifications, and shall prepare two copies of this contract and related documents as evidence and keep them in one copy.

7. A special agreement on defective construction works: The contractor who intends to perform the construction works shall perform the construction works by completely treating the walls for one year after the completion thereof, and shall perform the construction works by communicating with each other through mutual consultation and discussion thereafter;

8. Direct control areas: The owner shall purchase and lease in advance, in advance, the owner of a building so as not to impede the progress of construction work, in accordance with the owner of a building, if necessary, such as survey, steel bars, ready-mixeds, oriental water storage machines, electric measuring instruments, water payments, industrial accident insurance money, hardware, steel products, dust dust dust dust dust dustproof, simple heat, cement, cement, tin, equipment, container, miscellaneous, etc.; and

9. Construction method: The Corporation shall, in principle, perform the construction work as designed, and shall perform the construction work in consultation with the project owner, designer, or person in charge of the construction work when the problem arises;

B. Upon the instant consulting agreement and the Defendant’s request for additional payment, the Plaintiff paid KRW 10,00,000 to the Defendant on April 2, 2016, KRW 16,000,000, and KRW 10,000 on April 16, 2016, and KRW 10,000 on June 1, 2016.

C. The instant construction was delayed and completed at the beginning of November 2016, and the Plaintiff obtained approval from the competent authorities for the use of new buildings on November 11, 2016.

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