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(영문) 서울남부지방법원 2016.02.04 2015나6369

보수료

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff was an architectural designer operating “D” in Seoul, and entered into a contract with the Defendant, around October 2013, under which the Defendant would be entrusted with the design work of the neighborhood living facilities (hereinafter “instant new building”) newly built in Gyeyang-gu, Gyeyang-gu, and one parcel (hereinafter “instant design contract”).

B. Under the instant design contract, the design work includes a building permit (a building, structure, electricity, machinery, telecommunications equipment), permission for diversion of farmland, permission for development, and energy saving plan design; the execution period shall be from the date of the contract to the date of the building permit; and the remuneration shall be KRW 21,00,000 (excluding value-added tax); however, at the time of the design contract, 50% and 50% at the time of

C. The Plaintiff received 50% payment of the above remuneration from the Defendant, and the Defendant obtained a building permit from the competent authority on January 28, 2014 based on the design documents prepared by the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts acknowledged as above, the Plaintiff is obligated to pay the Plaintiff the remainder of 10,500,000 won (=21,000,000 x 50%) under the design contract of this case and the damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 18, 2014 to the day of full payment, which is the day following the day of delivery of a copy of the complaint of this case sought by the Plaintiff, since the Plaintiff completed design business under the design contract of this case and the Defendant obtained a building permit of the new building of this case.

B. (1) Determination of the Defendant’s assertion (1) The scope of the Plaintiff’s work under the design contract of this case refers to the design not until the time of the construction permit, but until the time of the completion permit, and there are many time to obtain the construction permit due to the delay in design work.