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(영문) 서울동부지방법원 2020.08.19 2019나30534

용역비

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. Basic facts

A. On November 17, 2017, the Plaintiff: (a) bid price was KRW 5,500,000 for design and supervision services of B apartment (hereinafter “instant apartment”); and (b) bid price was KRW 1,50,000,000 for the design and supervision services of B apartment (hereinafter “instant apartment”) and rooftop waterproof construction (hereinafter “instant construction”); and (c) the calculation sheet attached to the tender submitted by the Plaintiff included a written estimate calculated as KRW 1,50,000 for one-month design cost, and KRW 4,000 for two-month supervision cost.

B. Accordingly, on December 19, 2017, the Plaintiff and the Defendant concluded a design and supervision contract (hereinafter “instant service contract”) and the main contents are as follows.

The title of the contract: The scope of the design and supervision of the instant construction project: apartment 22 units, welfare facilities, the amount of the contract for rooftop waterproof construction works: 5,500,000 won, and the addition tax Article 1 (General Provisions) of the Building Act (General Provisions) shall determine the rights, duties, etc. among the parties necessary for the Defendant’s performance of the design and supervision of construction works entrusted to the Plaintiff

Article 2 (Period of Work) (1) The period of performance of construction supervision shall be one month from the contract date to the completion inspection for each unit of one month design and supervision (from December 19, 2017 to June 30, 2018).

Provided, That at the request of the plaintiff, the execution period may be extended under the same conditions as the present contract, and the defendant shall comply therewith.

Article 3 (Methods of Calculation and Payment of Construction Supervision Expenses) (1) The criteria and method of calculation of construction supervision expenses shall be determined through consultation between the plaintiff and the defendant according to the on-site conditions and the construction supervision conditions, referring to

(2) In principle, the timing and amount of payment shall be as follows, but the plaintiff and the defendant may be adjusted by collaboration:

[Attachment 1] A design supervision (based on 12 months) (based on the 15th day after the submission of a report on the completion of supervision of 30% the remainder of 4,500,000 won and the 5,500,000 won and the 2nd day of Article 4 (based on 12 months): ① Examination of documents related to contracts, such as a construction contract, and proposal thereof.

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