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(영문) 청주지방법원 2020.05.27 2018가단7061

용역비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 16, 2017, a building permit was granted to the building owner G to the Dispute Settlement Bank G on February 16, 2017, with respect to the petition-gu Office C’s ground-based accommodation facilities (Ddong) and E-living accommodation facilities (Fdong). On May 18, 2017, a building permit was accepted on May 18, 2017 by the building owner H and designer I (J of the building office).

On the other hand, the design drawings of electrical fire-fighting telecommunication submitted at the time of building permission on February 16, 2017 include the Plaintiff Company’s trade name, who was the designer, along with the “J of the Construction Office” as the designer.

B. On the other hand, with respect to each of the instant living accommodation facilities, the instant design service contract was concluded on May 31, 2019 between the Plaintiff, the owner of the building, and I (the Council of Certified Architects), with each of the design services agreements with the content of KRW 693,00,000, the contract amount of KRW 550,000,000, which is Ddong 693,000,000, and Fdong 550,000. On May 29, 2017, the Defendant succeeded to the status of I’s designer, thereby concluding each design service agreement with the same content as the previous design service agreement.

C. After that, on June 2, 2017, I submitted to the Defendant a written waiver of the right to design each of the instant residential accommodation facilities, and on March 28, 2018, the construction participants changed the name of the designer from I to the Defendant.

On July 2017, the Defendant filed a claim with H for the progress payment for each design service contract, and submitted a request with respect to a part of the progress payment, stating that “A resolution with respect to the existing design office’s management relationship shall be in charge with the G in the dispute resolution committee, and H shall agree to deposit to the K in the dispute resolution committee’s management relationship,” and on July 28, 2017, H transferred KRW 172,029,000 out of the progress payment amount of KRW 485,100,000 to the Defendant, and KRW 313,071,00,000 to the Defendant, and KRW 131,241,000,000, out of KRW 385,000,000 to the K in the dispute resolution committee, respectively, to the Defendant, and KRW 253,759,000 to the K in the dispute resolution committee.

[Ground of Recognition] Facts without dispute, or Gap evidence 2, 6 (including paper numbers), and Eul evidence 1 to 3 (including paper numbers) respectively.