설계비
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
A principal lawsuit and a counterclaim shall be deemed to be filed together.
1. Basic facts
A. The Plaintiff is a person who runs the architectural design business under the trade name of “C”.
B. On April 30, 2018, the Plaintiff entered into a design contract (hereinafter “instant contract”) with the Defendant with respect to the new construction of neighborhood living facilities outside D,00,000 won on two parcels, including the wife population D, which the Defendant newly constructed, and the contract amount of KRW 1,00,000,000 on the date of obtaining the permission, the intermediate payment of KRW 4,000,000 on the date of receiving the permission, and the remainder of KRW 1,00,000 on the date of receiving the documents of completion (hereinafter “instant payment agreement”), was separately charged for additional expenses when changing the construction, structure, equipment, etc.
Accordingly, the defendant paid 1,00,000 won to the plaintiff on the same day.
C. On June 9, 2018, the Plaintiff completed the design drawings in accordance with the instant contract.
On June 21, 2018, the Plaintiff notified the Defendant that the instant contract was terminated on the ground of the Defendant’s nonperformance of design payment.
On July 2, 2018, the Defendant asserted the Plaintiff’s contractual performance and requested the Plaintiff to return the down payment according to the termination of the contract.
[Ground of recognition] Evidence Nos. 1, 3-1, 2, and 5 of Evidence Nos. 1, 5, and the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The Plaintiff filed a principal lawsuit, while performing the contractual duty by completing the design drawing in accordance with the instant contract, did not pay the design price to the Defendant. As such, the Plaintiff rescinded the instant contract on the grounds of the Defendant’s nonperformance, and sought payment of the remainder of the design cost of KRW 4,000,000 and the total of KRW 3,000,000,000 and damages for delay.
B. The Defendant’s assertion on the principal lawsuit and the instant payment agreement agreed to pay the intermediate payment and the balance at the time of receipt of the construction permit documents and the time of receipt of the completion documents, and up to now.