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(영문) 울산지방법원 2016.05.24 2015가단62745

기타(금전)

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On February 24, 2015, the Plaintiff entered into a project provisional contract with the Defendant, a stock company with the purpose of building design business and general construction business, etc. to construct a building, which is a neighborhood living facility, on the land owned by the Plaintiff (Ulsan-gun C) (hereinafter “instant provisional contract”).

1) Project name: D neighborhood living facility construction work 2) Provisional Contract amount shall be KRW 10 million (the cover of the provisional contract and Article 1) and 500,000 won for authorization and permission agency expenses shall be paid.

(2) Article 2. 3) The provisional contract amount is the provisional payment that the Plaintiff pays for the design work and authorization work of the building that the Defendant proceeds prior to the implementation of the project (Article 3(1)4). The plan design and design are in progress by the Defendant, while the basic design and the working design are in progress by the architect designated by the Plaintiff.

(Article 3(c)(5) of the Provisional Contract. Upon the preparation of this Agreement on the project in question, the Defendant shall set aside the provisional contract amount received from the total project cost and then enter into this Agreement (e.g., when the total estimated project cost is KRW 100 million and the provisional contract amount is KRW 90 million if the provisional contract amount is equivalent to KRW 10 million) (Article 4.6). The Defendant shall make and deliver the construction plan to the Plaintiff outside of the building.

Items produced and supplied by the defendant are the ground plan, elevation map (4 pages of the building), design: External slot City/Do, indoor Atailing and retail character (disposition map), 3D, Apt 3D.

(6) (7) Designs are composed of three floors buildings, total floor area of not more than 100 square meters, design works are to be carried out within a maximum of 10% from the estimated total project cost of not more than 350 million won, and design works are to be carried out within a minimum of 10% from the estimated total project cost of not more than 350 million won (Article 9) without any justifiable reasons of the defendant (Article 9).