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(영문) 서울고등법원 2018.08.31 2018나2019987
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 [general conditions of the construction supervision contract] Article 2 (Period of Work) shall be 40 months from the commencement of the construction supervision;

Article 3 (Calculation and Payment Method of Construction Supervision Expenses) (1) The calculation criteria and method of construction supervision expenses shall be based on remuneration standards, but it shall be determined through consultation with A according to the on-site conditions and construction supervision conditions.

(2) The remuneration for construction supervision shall be paid in installments as follows:

3. The payment timing and amount shall, in principle, be as follows, and may be adjusted in consultation with A and B:

Provided, That value-added taxes shall be separately imposed.

Article 17 (Cancellation and Termination of Contract A) (1) at the time of completion of the project implementation authorization for the first progress payment of KRW 8.74% at the time of completion of the project implementation authorization for the first progress payment of KRW 2.91% at the time of completion of the project implementation authorization for the payment for the previous portion of KRW 30,000,000, KRW 2-10,000, KRW 8.74% at the time of commencement of the project for the removal of the first progress payment for the previous portion of KRW 8.74% each three months after completion of the project, and at the time of completion of approval for the temporary use of the remaining amount of KRW 8.64% at the time of completion of the project, KRW 8.71% at the time of completion of the project, 8.64% at the time of completion of the project,00,000,000 in the aggregate of KRW 10,000,00

1. Where Eul is subject to a disposition, such as revocation of license or registration, or suspension of business, by the competent agency;

2. Where it is difficult for B to perform the contract due to a disposition suspending transactions with financial institutions, default on bills and checks, provisional seizure, provisional disposition, compulsory execution by a third party, incompetency, quasi-incompetent, declaration of bankruptcy or application for corporate reorganization, etc.

3. Where Eul transfers any rights or obligations under the contract without the consent of the other party.

4. Where it is impossible to perform a contract due to death, disappearance, disease, or any other cause;

5. Where a supervisor's request for replacement due to a problem of his/her qualification is made to take measures immediately, but it is found that a problem of construction works may arise due to his/her neglect.

(3) B shall be each subparagraph of paragraph (1).

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