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(영문) 전주지방법원 2016.02.17 2014나2429

건축설계비

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On June 29, 201, the Plaintiff entered into a design contract (hereinafter “instant design contract”) with the Defendant to determine multi-household houses and new multi-family house designs as design cost of KRW 35,00,000 ( KRW 40,000 per square meter, KRW 892 square meters, KRW 40,000 per square meter, and KRW 892 square meters, and KRW 50,000,000, KRW 500,000 (hereinafter “instant design contract”) from the amount calculated as KRW 892 square meters in total as design cost to proceed with the following: (a) 1,638.7 square meters (C: 1,276 square meters; and D: 181.3 square meters in total; 181.4 square meters in total; and (b) 1,638 square meters in a building site area; and (c) around that time, the Plaintiff received KRW 500,000 from the Defendant.

B. In accordance with the instant design contract, the Plaintiff obtained a building permit from the Jeonsan-gu Seoul Metropolitan Government Office on August 3, 201, with respect to a housing site areaing to 1,067 square meters, 5 stories on the ground, 5 stories on the building area, 1,82.597 square meters, 53% of the building area, 53% of the building area, 176.43% of the building area, 176.43% of the building area, and after completing the design with a reinforced concrete structure, the Plaintiff completed the design with a reinforced concrete structure.

C. After that, the Defendant notified the Plaintiff that the design according to the instant design contract will be suspended due to the profitability problem, and the Plaintiff was actually terminated while the design business relating to the building D and E on the entire city of Jeonju was suspended.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 3, Eul's evidence 1 and 3, Eul's testimony and the whole purport of pleading

2. According to the above facts of determination as to the cause of the claim, the design contract of this case is a kind of contract, the main contents of which are the completion of the design drawing and delivery to the defendant. However, in the design contract of this case, the contract of this case was agreed to pay KRW 35,00,000 in total by calculating the price per area as the design cost for the total area of 2,949 square meters of the total floor area of the building of this case and the building of this case and the building of this case. The plaintiff among them.