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(영문) 울산지방법원 2019.08.22 2018가합20176

용역비

Text

1. The Defendant’s KRW 1,730,843,080 for the Plaintiff and KRW 15% per annum from January 18, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On December 2014, the Plaintiff entered into a design contract with the committee for promotion of the establishment of a regional housing association (hereinafter “instant promotion committee”) composed of B for the purpose of joint housing construction projects (hereinafter “instant project”) and the Plaintiff’s design business with a view to KRW 1.81 billion (hereinafter “instant design contract”).

The design contract of this case relating to this case is as follows.

The committee for promotion of design contract in this case: A, the plaintiff, Article 3 (Scope of Services) B to be provided to A shall be as follows:

1. Deliberation on construction;

2. Building design - Construction design, architectural structure design, execution design, execution construction design, electricity, fire-fighting, sanitary and telecommunications design, 30% of the first intermediate payment contract at the time of non-payment rate of 30% 543,000,000 won, and 20% of the second intermediate payment at the time of commencement of deliberation on construction of KRW 362,00,000 for the housing association or at the time of receipt of authorization from the housing association for the third intermediate payment of KRW 362,00,000 for the construction of KRW 362,00 for the first intermediate payment of KRW 362,00 for the second intermediate payment of KRW 362,00 for the completion of construction of KRW 362,00 for the housing association or at the time of receipt of authorization from the housing association, the preparation and submission of design documents and drawings as prescribed in Article 8(1) of the Building Act shall be made and publicly notified by the Minister of Land, Transport and Maritime Affairs pursuant to paragraph (2).

(3) If any part is insignificant after examining design documents submitted by B, A and the constructor of the relevant building may request B to supplement such documents.

Article 10 (Transfer, Alteration, etc. of Contract) (3) When the design business of Party A is amended or there are reasonable grounds for extending the contract period due to the occurrence of force majeure events, such as the alteration and abolition of relevant Acts and subordinate statutes, natural disasters, etc., Party A and Party B may modify the terms of contract by mutual agreement.

(4) The work of designing already proceeded under the provisions of paragraph (3).