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(영문) 부산지방법원동부지원 2015.07.03 2014가합102110

설계용역대금

Text

1. The Defendant’s KRW 900,000,000 and the Plaintiff’s annual rate of KRW 6% from October 18, 2014 to July 3, 2015.

Reasons

1. Basic facts

A. The plaintiff is a general architect office established for the design and supervision of the building. The defendant is a company that implements the construction project of main complex facilities with the size of 6 stories underground and 1,240 households on the 291 parcel outside 338-39, Busan-dong, Busan-dong, Busan-dong, 291 (hereinafter "main complex facilities of this case").

B. (1) On April 28, 2014, the Plaintiff entered into a contract with the Defendant to request design services for the instant main complex facilities (hereinafter “instant design service contract”) and the main contents of the contract are as follows.

Contract period: The contract amount from the contract date to the time of approval for use (from April 28, 2014 to April 27, 2017): Article 5 (Calculation and Payment Method of Service Costs) (1) The remuneration for the design business shall be paid in cash or by bill within two weeks at the arrival of the payment date.

In principle, the payment period and the amount of the payment shall be as follows in the case where the payment is made in installments at the time of the completion of the 6-time completion work at the time of sale in units 300,000,000 for the 3-time completion payment at the time of the completion of the project 90,000,000 for the 3-time completion payment at the time of the 3-time completion payment at the time of the completion of the project 9,00,000 for the 3-time completion payment at the time of the 4-time completion payment at the time of the 10% completion payment at the time of the 30,000,000 for the 3-time completion payment at the time of the completion of the 100,000,000 for the 3-time completion payment at the time of the 10,000,000 cash or bill payment at the time of the completion of the project:

The defendant (A) and the plaintiff (B) may mediate through consultation.

When concluding a contract under Article 15, the defendant shall accept progress payment for the relevant payment period and pay it to the plaintiff.

Article 8 (Preparation and Submission of Design Documents) (4) The defendant may request the plaintiff to supplement the results submitted by the plaintiff where there are clear grounds, such as design errors, etc., and the additional expenses incurred therefrom shall be borne by the plaintiff.

Article 13 (Cancellation and Termination of Contract by Defendant)