기타(금전)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 2012, the Plaintiff asserted that the Plaintiff entered into a building design standard agreement (hereinafter “instant design agreement”) with the Defendants and the Plaintiff on the content that “the Plaintiff would provide the design documents, etc. regarding the construction design for neighborhood living facilities and the urban-type housing construction project (hereinafter “instant construction project”) at KRW 313,50,000 (excluding value-added tax)” (hereinafter “instant construction project”). On December 28, 2012, the Plaintiff submitted the design documents of the instant construction project to the Ministry of the Audio-Gun and fulfilled all the obligations under the instant design contract. As such, the Defendants should pay to the Plaintiff the amount of KRW 344,850,00,00 in total, including the design service cost and the value-added tax.
2. Determination
A. According to the evidence No. 1 of the claim against Defendant A, the design contract of this case between the Plaintiff, Defendant A, and Defendant D, as alleged by the Plaintiff, was drafted on December 3, 2012, and the fact that the design service contract of this case was entered into between the Plaintiff and the Plaintiff on December 3, 2012 is recognized as the owner of the right to pay the design service cost to the Plaintiff.
However, comprehensively taking account of the overall purport of Gap evidence Nos. 4, 5, 7, and Eul evidence Nos. 9-1, 2, Eul evidence Nos. 1, 3, 5, 7, and 8, the defendant Gap entered into a joint project agreement with the owner of the land of this case on December 3, 2012, which jointly promotes urban residential housing and appurtenant facilities such as apartment and commercial buildings (hereinafter "the project of this case") and the land of this case, and the above contract entered into a joint project agreement with the owner of the land of this case on December 3, 2012, "the defendant Gap and D shall carry out the joint project, but the payment of land price shall be 50%, after deducting the cost of the land and the cost of the project (Article 4 (1)), and the construction cost of D shall be 3,500,000 won per square year, and all expenses related to D shall be borne by D and all other expenses related to D.