설계등용역비반환청구
1. The judgment of the first instance, including the claims of the Plaintiff-Succession Intervenor who participated in the trial, shall be modified as follows:
1. Basic facts
A. The Plaintiff and Defendant A’s status are a corporation that runs a housing construction business, housing construction business, housing site creation business, etc., with the head office of 1608-4 East-dong 1608-4 East-dong Gapdon 904 in Ansan-si, and that has promoted the business of constructing and selling a multi-use apartment at 324-3 o'clock-dong 324-3 (hereinafter “instant business”), and Defendant A is an architect who operates an architect office.
B. (i) On May 29, 2007, the Plaintiff entered into a design service contract concerning the overall project of this case with Defendant A (hereinafter “instant design service contract”) between the Plaintiff and Defendant A, and its main contents are as follows.
Design outlines
1. Site area: approximately 7,454 square meters ( approximately 2,254.84 square meters);
2. Use: Multi-family housing and sales facilities;
3. Structure: reinforced concrete;
4. Number of floors: 4 to 33 stories above the ground level (28 stories); and
5. Building area: 69.18% of the building-to-land ratio ( approximately 1,59.81 square meters) of approximately 5156.38§³;
6. Contract amount: The service period referred to in Article 2 (Service Period Separate from Value-Added Tax) of the "B (Defendant A)" shall be from the contract date to the project approval date, and each authorization or permission schedule shall be within the following periods:
(1) The urban planning facility alteration and development activities shall be received in June 2007 (2). < Amended by Presidential Decree No. 20358, Oct. 5, 2007; Presidential Decree No. 20358, Oct. 28, 2007; Presidential Decree No. 20348, Feb. 29, 2007>
Article 3 (Scope of Design Services) The scope of services provided by “B (Defendant A)” to “A (Plaintiff)” shall be as follows:
(1) The construction plan, construction permit books, construction books, as-built books. (2) The construction plan deliberation (including the deliberation on urban planning) and construction permission, and the extension and balcony alteration design shall be included.