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(영문) 서울중앙지방법원 2015.02.13 2013가단268517

설계용역대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that designs and supervises the building, and the ship transport development company (hereinafter “ship transport development company”) is an executor of the new construction and sale business of the 1052-2 large 6,400.7 square meters of the lusium 1052-2 large 3,00 square meters of the lusium and the 18th floor 18th floor lusium lusium hereinafter “instant building”).

The period of performing design service under Article 2 (Period of Service) shall be from October 1, 201 to July 31, 201.

Article 4 (Calculation and Payment Method of Service Fees) (2) The remuneration for the design work may be paid in lump sum or in installments.

(3) In principle, the payment period and the amount of the payment shall be 330,000,000 won at the time of payment in installments as follows: 30,000 won at the time of completion of the construction permit of KRW 50,000 in 30% intermediate payment of KRW 550,000,000, 20% at the time of completion of the construction permit of KRW 220,000 at the time of payment in installments, and 1,100,000 shall be 20% at the time of completion of the construction permit of KRW 1,00,000,

Article 12 (Performance Delay and Payment of Successful Remuneration) (1) If it is evident that the plaintiff is unable to complete the design business within the agreed period, the plaintiff shall notify it without delay.

② When the Plaintiff acquired a building permit by May 25, 2012, it shall pay to the Plaintiff a successful fee of KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

If the Plaintiff fails to obtain a building permit as of May 31, 2012, the penalty for delay equivalent to 5/1,000 of the remuneration for each one day of delayed days shall be paid in advance for the development of the 5/1,000 of the remuneration.

Provided, That this shall not exceed KRW 100 million.

(3) The provisions of paragraph (2) shall not apply where implementation is delayed due to a natural disaster or any other unavoidable cause or event not attributable to the plaintiff.

④ The development penalty for delay shall be paid to the Plaintiff from the remuneration to be paid.