설계비반환 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Basic Facts
The Defendant, a certified architect related to the design service of warehouse extension, entered into a contract for the design service of warehouse extension (hereinafter “instant contract”) with the Plaintiff at the request of the Plaintiff to rebuild the 102.65 square meters (3 square meters of the brick slock slock slock roof, one story of the accessory building; hereinafter “instant warehouse”) and set the service price of KRW 2,50,000,000.
On May 14, 2014, the Plaintiff paid KRW 1,000,000 to the Defendant as down payment.
The defendant completed the extended design on June 10, 2014, and received the report of the extension of the warehouse of this case to the Ulsan-gu Office as the owner of the building.
On the other hand, on June 10, 2014, the Defendant paid the remainder of KRW 1,754,400, excluding KRW 25,500,00, including the license tax, to the Korea Cadastral Corporation, and applied for a survey on behalf of the Plaintiff.
However, as a result of the surveying of the boundary of the Korea Cadastral Survey on June 18, 2014, it was revealed that part of the Plaintiff’s fenced D site adjoining the Plaintiff’s building, the Plaintiff, while refusing to extend the warehouse of this case, made a request to the Defendant for cancellation of the current status and application for partition surveying.
At the Plaintiff’s request, the Defendant revoked the application for a cadastral survey and the application for a divisional survey, and on June 18, 2014, the remainder of KRW 1,084,600, excluding KRW 669,800, was refunded to the Defendant’s account.
[Grounds for recognition] In light of the above-mentioned facts, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 2, and 3 (including the number number; hereinafter the same shall apply) and the facts of the judgment as to the ground for the claim as a whole, the defendant shall survey the remainder of the plaintiff's land survey, excluding the boundary survey at the plaintiff's request, out of KRW 1,754,40 paid by the plaintiff as a substitute for the Korea Cadastral Corporation.