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(영문) 대구지방법원 김천지원 2021.02.03 2020가단878

설계비

Text

1. The defendant's KRW 88,330,00 for the plaintiff and 6% per annum from June 25, 2020 to February 3, 2021, and the following.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the overall purport of the arguments in Gap evidence Nos. 1, 2, and 3, evidence No. 4-1, 2, Gap evidence No. 5, evidence No. 6-1 through 11, Gap evidence No. 7, and Eul evidence No. 1.

A. On November 29, 2018, the Plaintiff operated “D architect office” on the 5th floor of the Gu, Si, U.S., and entered into a design service contract (hereinafter “instant contract”) with the Defendant regarding construction of the F Site Studio (multi-family house) construction (hereinafter “instant construction”) located outside the E and two lots of land in Osan-si, Osan-si (hereinafter “instant construction”). The main contents of the instant contract are as follows.

A housing site area for design: A multi-family house, purpose of use: A multi-family house, 4 stories above ground, and total floor area: a contract amount of 181,50,000 square meters: A civil engineering design of 134,000,000 won: A civil engineering design of 38,500,000 won: A service period of 9,000,000 won: A service period of 2 (contract Period): Article 4 (Calculation and Method of Payment) from November 29, 2018 to January 29, 2019; (3) The payment period and amount may be determined in principle in consultation with the Plaintiff (Defendant).

Upon receipt of approval for use of KRW 30% 54,450,00 upon completion of construction permission, including the cost of civil engineering design of KRW 30% 54,450,000 at the time of a contract for non-fixed-term service of non-payment, Article 13 (Cancellation and Termination of the Plaintiff’s Contract) ① Section 13 (Cancellation and Termination of the Plaintiff’s Contract) attached to the value-added tax of KRW 20% 36,30,000 at the time of receipt of the approval for use of KRW 36,30,000 at the time of a contract for non-payment, may cancel and terminate all or part of the contract in any of the following cases:

1. When it is determined that the work of the Plaintiff A (Plaintiff) is suspended due to interference with the work of the Plaintiff, or delay in the payment of the price thereof, and that the work of the Plaintiff A (Plaintiff) and the Plaintiff (Plaintiff) cannot be resumed within 30 days, pursuant to Article 14 (Indemnification) and Article 10 (2), and Articles 12 and 13, respectively.