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(영문) 대구지방법원김천지원 2016.01.27 2014가단15053

설계비등청구

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 1,232,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from January 7, 2015 to January 27, 2016.

Reasons

1. Basic facts

A. On April 2014, the Defendant requested the Plaintiff to construct a basic design regarding the construction of the new construction of Kimcheon-si’s ground neighborhood living facilities and sales facilities.

B. On May 7, 2014, the Plaintiff completed the four basic architectural drawings and submitted them to the Defendant. Around May 7, 2014, the Plaintiff concluded a design contract with the Defendant as follows (hereinafter “instant contract”), and the Defendant paid KRW 10 million to the Plaintiff on the same day.

1. Design contract title: New construction of B commercial buildings;

2. Site location: Kimcheon-si B.

3. Design outline 1) Site area: 1,172.0 square meters: The total floor area of 4,97.79 square meters (1,48 square meters) for residential facilities and sales facilities: 3 square meters: The total floor area of 4,97.79 square meters (1,48 square meters);

4. Contract amount: 4,4640,00 won (excluding value-added tax) daily design cost shall be 30,000 won/per 40,000 won and shall be settled for the increased or decreased portion after completion.

Exclusion from Services: Geological surveys, energy saving plans, and investment maps (Scope of services) the scope of services provided by the Plaintiff to the Defendant shall be as follows:

1. Scope of services;

1.1. Building structure design - Basic design and working design - structural calculation and structural design;

1.2. Building facilities and electricity;

2. Excluded from services: Geological surveys, energy-saving plans, and speculations Article 4 (Method of Calculation and Payment of Service Costs) (1) The standards and method of calculation of service costs shall be based on remuneration standards.

Provided, That where on-site conditions and design conditions are special or duties are added, they shall be determined through consultation with the plaintiff and the defendant.

(2) The remuneration for the design business may be paid in lump sum, in installments, or in installments.

3. In the case of installment payments of remuneration, the time of payment and the amount of payment shall be as follows in principle, but may be adjusted through consultation between the plaintiff and the defendant:

- - Buildings of KRW 10 million at the service contract.