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(영문) 부산지방법원동부지원 2017.11.15 2015가단206241

설계용역대금

Text

1. As to the Plaintiff (Counterclaim Defendant) KRW 50,154,950 and its corresponding amount from June 13, 2015 to November 15, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a building office established for the purpose of designing, supervising, etc. a building, and the Defendant is a project undertaker who has performed a construction project for multi-family housing with 298 households (1,840 square meters in building area, 44,865 square meters in total floor area) and ancillary welfare facilities in Busan Seo-gu B.

B. Around December 1999, the Plaintiff entered into a design service contract with the Defendant for the implementation of the said construction project. Around September 2013, the Plaintiff entered into a design modification contract (hereinafter “instant design service contract”). The main contents of the instant design service contract are as follows.

(2) Preparation of a building management ledger and support for the examination of the completion of construction works. < Amended by Presidential Decree No. 17888, Dec. 31, 2008> (1) The standard and method of calculation of the price for the design affairs in accordance with on-site conditions and design conditions. (3) The standard and method of calculation of the price for the design affairs shall be determined through consultation between A and B in accordance with the field conditions.

(2) The price for the design business may be paid in lump sum, or in installments.

(3) In principle, when the price is paid in installments, the time of payment and the amount of payment shall be determined as follows, but adjustment may be made through consultation with A and B:

Article 13 (Cancellation and Termination of Contract A) (1) of this Cost at KRW 20% at the time of the completion of the project approval for KRW 20% at the time of the contract for the payment period and the amount of the base ratio payment (20% at the time of the completion of the project, 30% at the time of the supply of the shop design for KRW 30% at KRW 10,000,000,000,000 KRW 10% at the time of the completion of the project.

1. It is impossible for B to perform the contract due to a disposition suspending transactions with financial institutions, default on bills and checks, provisional seizure or compulsory execution by a third party, declaration of incompetency and quasi-incompetency, or application for the reorganization of the company, etc.;