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(영문) 수원지방법원 성남지원 2018.08.07 2017가합408922

손해배상(기)

Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate of 5% from November 26, 2017 to August 7, 2018.

Reasons

1. Basic facts

A. On April 28, 2016, the Plaintiff: (a) was a person who provided development consulting on the foregoing D, including the Seo-gu, Seo-gu, Incheon, Seo-gu land category was changed to “site”; and (b) the Defendant is the owner of the instant land.

B. On February 2014, the Plaintiff entered into an agency service contract (hereinafter “instant service contract”) with the Defendant, and drafted an agency service contract (Evidence A 2; hereinafter “instant service contract”) that contains the following details.

1. Details of a contract: The location of the agency business, such as survey, civil engineering, and construction design: For the purpose of use in Seo-gu Incheon Metropolitan City (C2): Parking lot or neighboring worker (Scope, etc. of Contracts);

1. Real estate consulting;

2. Vicarious execution of surveys, civil engineering and construction design;

3. Determination of construction works in connection with construction and construction;

4. All other duties as a contractor or contractor. Article 2 (Amount of Services)

1. Design and basic survey services: 24,000,000 won;

2. Costs of services, such as implementation and construction: The plaintiff shall apply on the basis of the design map for the construction and civil construction works prepared after permission from the Minister of Land, Transport and Maritime Affairs based on the standard pumum published in designated E, and the actual expenses requested by government offices, etc. during the performance of other duties shall be separately claimed by the plaintiff to the defendant, and

Article 3 (Payment Method of Price: Deposit in Account (See Written Estimate)

1. Contract deposit: 50% at the time of contract;

2. Balance: 50 percent within one week after permission is granted.

3. Other service costs, such as execution, construction, etc.: Article 2 attached hereto.

2.Article 8 (Cancellation and Termination of Contract) (1) The plaintiff and the defendant may rescind all or part of the contract in any of the following cases:

1. When it is evident that the defendant's duty performance is objectively impossible because he clearly changed the terms of service request;

2. Where it becomes difficult for the defendant to perform his duties because he did not provide the data necessary for the plaintiff's performance of duties.

3. Death;