채무부존재확인
1. The contract between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) for design and supervision services on November 24, 2015 or on June 10, 2016.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
A. On November 24, 2015, the Plaintiff entered into a design supervision service contract for the construction of detached houses on two parcels (hereinafter “instant contract”) with the Defendant and Jeju-si, the Seoul-si, Seoul-si, as the price for KRW 5,000,000 (including value-added tax). The main contents are as follows.
Article 1(General Provisions) This Agreement shall provide for the rights, obligations, etc. between the owners (A, the defendant) who are registered with the certified architect (A, the certified architect) under Article 23(1) of the Certified Architects Act in accordance with Article 9bis of the Building Act and the standards for the repair of certified architect services and remuneration thereof.
Article 3 (Scope of Services) The scope of services shall be as follows, and shall include, at the request of A, related laws and regulations, regulations or authorizations, or permission authorities which require confirmation of qualified persons (including technicians):
1. Basic design (1) Analysis of sites and analysis of functions thereof. (2) Review of placement plans and parking plans (3) Improvement plans and parking plans.
(3) The basic design (construction, machinery, electricity). (4) The landscaping design, gardening/total landscaping of gardening complex - the interior design.
3. Article 4 (Method of Calculation and Payment of Service Fees) (1) The standards and method of calculation of service fees shall be based on the remuneration standards;
Provided, That where on-site conditions and design conditions are special or duties are added, it shall be determined by consultation with A and B.
(2) The remuneration for the design business may be paid in lump sum or in installments.
3. In the event that this contract is paid in installments, the time of payment and the amount of payment shall, in principle, be as follows, but may be adjusted in consultation with A and B:
At the time of a non-fixed contract (20%) 20% in the amount of payment, the base ratio (%) adjustment (%) 11,000,000 when filing an application for a construction permit (20%) 11,00,000.