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(영문) 수원지방법원 2016.12.09 2015가합2488

설계 및 감리비

Text

1. The Defendant’s KRW 89,620,00 for the Plaintiff and KRW 5% per annum from December 10, 2012 to December 9, 2016.

Reasons

1. Facts of recognition;

A. On September 10, 2006, the Plaintiff, a building design business and construction supervision business entity, entered into a design service contract with the Defendant and Pakistan-si, with respect to the business of designing a charnel building with a total floor area of KRW 6,210 square meters (a 16,100,000,000,000,00 in total on the ground of a site of 9,629 square meters in Bluan-si, Pluan-si.

B. On October 2007, the Plaintiff and the Defendant concluded a construction supervision contract with respect to the construction work of the said charnel house (hereinafter “instant construction work”). The main contents are as follows.

Article 2 (Period of Operation) The period for performing construction supervision shall begin from the commencement to the completion date of the construction supervision.

Article 3 (Method of Calculation and Payment of Construction Supervision Expenses) (1) The standards and method of calculation of construction supervision expenses shall be based on remuneration standards.

Provided, That where the site conditions and construction supervision conditions are special, the plaintiff and the defendant shall determine them through consultation, and the cost of the supervision of the multi-use building shall be governed by the Construction Technology Management Act

(2) The remuneration for the work supervision may be paid in lump sum or in installments.

3. In the case of installment payments of remuneration, the time of payment and the amount of payment shall be as follows in principle, but may be adjusted through consultation between the plaintiff and the defendant:

With respect to the aggregate of value-added taxes paid at the time of payment, 20% 26,30,000 2,630,000 28,930,000 98,625,000 98,625,625,000 98,862,500 108,487,500 when approval for use is received 6,575,000 657,500 7,232,500 7,232,500 131,50,500 131,50,000 131,50,150,000 14,650,000 650,000 shall be determined by the monthly amount of the total amount of supervision.

Article 8 (Performance of Duties) The Plaintiff shall verify whether a building is constructed in accordance with the design documents as prescribed by the relevant Acts and subordinate statutes, and shall perform construction supervision duties according to the scale of the building according to the detailed standards for construction supervision.