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(영문) 서울고등법원 2016.04.06 2015나14466

설계료

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is an architectural design office aimed at a construction interior fishery business, spatial design, etc., and the rehabilitation debtor A (hereinafter “A”) is a company running golf course operation, management, development business, etc.

A design contract for buildings under Article 3 (Scope of Business)

1. Construction of 50 households of detached housing land in D, and the basic and implementation design for interior of 50 households of detached housing land (based on total floor area of 9,900 square meters);

2. Construction of a site for a D church and the master design for the interior and interior of the D church (based on total floor area of 1,700 square meters);

4. In principle, design management is to visit the construction site from the head office to the construction site one-half a month during the construction period, and in turn, to the extent that it is essential to enhance the quality of the construction, it is to proceed in us.

The payment period for this shall be the starting date, and the amount shall be the condition that the remuneration corresponding to it shall be paid for the construction period of up to 12,000,000 won per month.

§ 4 (Period of Service) The period of service under this Agreement shall begin from the date of the contract until the date of commencement

(A) the period of service may be changed under an agreement between the parties to the contract; provided that the period of service may be changed.

Article 5 (Contract Amount)

1. The contract amount shall be 787,500,000 won (787,500,000 won); and

2. The contract amount may be modified by mutual agreement between the contracting parties during the design process of the design work.

3. In principle, additional settlement shall be made at the following time of payment, if the contract value is changed:

Article 6 (Payment Method of Contract Amount) The separate contract amount of value-added tax of KRW 35 per cent 275,625,625,000 when the basic design of KRW 10 per cent 157,50,00 is completed at the time of the completion of the design plan of KRW 78,750 at the time of the completion of the design plan of KRW 35 per cent 275,625,00 at the time of the completion of the design plan of KRW 35 per cent 275,625,000 at the time of the completion of the design plan of KRW 387,50,000 shall be paid in cash at the time of each stage as follows, and

A (A) with respect to the cost of design and management of construction works, shall be separate.