설계비 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts constituting the basis of the dispute;
A. On February 2016, 2016, the Defendant entered into a service contract with the Plaintiff’s oral notification regarding the new construction of a public bath of 1,365.35 square meters above land level 1,365.35 square meters (hereinafter “instant public bath”).
On March 4, 2016, the Defendant paid the Plaintiff KRW 30,000,000 in total, including KRW 10,000,000 and KRW 20,000 on July 11, 2016.
B. On June 13, 2016, the Defendant obtained a building permit for the instant bath from the Chungcheong City, and concluded, on June 2016, a service contract for the instant tourist hotel construction with the Defendant, on a verbal basis, in order to newly construct a tourist hotel (hereinafter “instant tourist hotel”) on five lots in total, including two lots of adjacent sites additionally purchased, other than the said three lots.
Accordingly, on August 25, 2016, the Plaintiff applied for the approval of the project plan on behalf of the Defendant on behalf of the Defendant for the design of the basic plan for the instant tourist hotel.
On October 12, 2016, Chungcheongnam-si made a decision to review the application for the approval of the project plan and notified the defendant to prepare materials to review the application by October 21, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 2 through 7, Eul evidence 1 to 4 (including numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion ① entered into a service contract with the Defendant for the new bath construction of this case, the Plaintiff agreed to receive a total of KRW 6,650,100,000, which added other expenses, as service fees, and fulfilled all the duty of construction design services.
Nevertheless, the Defendant did not pay the remainder of KRW 36,650,100 (=6,650,100 - 30,000).
② In addition, the Plaintiff and the Defendant are also a service contract for the instant tourist hotel construction.