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(영문) 부산지방법원 2018.12.12 2017가합51231

부당이득금

Text

1. The Defendant’s KRW 54,457,00 for the Plaintiff and 5% per annum from November 17, 2017 to December 12, 2018.

Reasons

1. Basic facts

A. Status of parties and conclusion of design service contracts 1) The defendant is a company with the purpose of building design and supervision services, and the C Urban Environment Improvement Project Association Establishment Promotion Committee (hereinafter “Promotion Committee”) on May 4, 2005.

(C) The contract under which the design service for the “C urban environment rearrangement project” (hereinafter the “instant rearrangement project”) is awarded a contract for the construction of the apartment housing and business facilities of Busan Jin-gu D (hereinafter the “instant service contract”).

AB concluded the agreement.

its key

Details are as follows:

Design contract documents

1. Design contract title: City urban environment rearrangement project;

2. Location of a building site: D in Busan-gu. Busan-do.

3. Design outline - The area of a site: approximately 44,00 square meters ( approximately 13,311 square meters): The purpose of use: Multi-unit houses and business facilities (multi-unit houses and other welfare facilities, and officetels) - The structure: The total floor area of steel reinforced concrete - the total floor area of which is 484,935.25 square meters (146,692.91 square meters) - approximately 2,546 households;

4. Contract amount - The unit price for a contract (e.g.), 31,000 won (excluding value-added tax): Provided, That the contract amount shall be calculated by applying data submitted at the time of project explanation and shall be adjusted based on the total floor area of final architecture determined at the time of approval or authorization for the project;

5. Term of a service contract: The period from the date of conclusion of the contract shall be the time of establishment of the association, and the period shall be from the date of completion of the inspection where the person receives authorization

The scope of services entrusted to the defendant by the committee of promoters under Article 1 (Scope of Services) of the General Conditions for Design Standard Contract (Scope of Services) shall include the scope of certified architect services, price standards, and other related Acts and subordinate statutes necessary for the execution of redevelopment projects as the services of the basic design and the shop design, and the execution of the affairs incidental thereto. The scope of the services to be performed by the defendant shall be

1. Preparation of plans, basic plans, and drawings for working plans;

2. Confirmation of design plans (excluding the current status survey for the designation of a district) accompanied by the results of various surveys;