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(영문) 부산지방법원 2013.08.22 2011가합21962

건축설계 및 감리비용

Text

1. The Defendant’s KRW 566,30,911 and KRW 367,48,00 among the above money and KRW 567,48,000 from July 1, 2008, and KRW 15,125,00.

Reasons

1. Basic facts

A. The Plaintiff entered into a design contract and supervision contract between the Plaintiff and the Defendant 1) On November 9, 2007, the Plaintiff entered into a design contract with the Defendant for the construction of an officetel in Changwon-si (hereinafter “instant construction”).

(2) As to the design contract of this case (hereinafter referred to as “instant design contract”) as follows:

The term of performing design service under Article 2 (Service Period) of the Building Agreement is from November 9, 2007 to April 30, 2008. The scope of service to be provided to the Defendant by the Plaintiff under Article 3 (Scope of Services) is to prepare basic design drawings, working design drawings, and other design drawings necessary for performing construction works (hereinafter “design work”).

ii) shall be (including traffic impact assessment);

(1) Article 4 (Method of Calculation and Payment of Service Costs) (1) The criteria for calculation and method of payment of service costs shall be based on the criteria for remuneration: Provided, That in the event that on-site conditions and design conditions are special or business conditions are added, the criteria for the calculation and method of payment shall be determined through consultation with the Plaintiff. The payment rate of the payment shall be 50% 464,000,000 in the service contract with the Plaintiff and the Defendant. The payment rate of the payment shall be 30% 278,000,000 in the supply of the work drawings separately prior to 30% 278,000,000 in the supply of the work drawings, the payment rate shall be 186,000,000 in the total of 928,000,000 in principle, the payment period and amount may be adjusted through consultation with the Plaintiff. < Amended by Act No. 9 (Preparation and submission of the design drawings) ① When the Plaintiff and the constructor of the building concerned fail to complete the work within 10 days.