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(영문) 서울중앙지방법원 2019.11.13 2018가합517495

부당이득금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 82,632,800 to the Defendant (Counterclaim Plaintiff) and the amount from August 5, 2015 to November 13, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 29, 2013, the Plaintiff entered into a design service contract (hereinafter “instant contract”) with C with respect to the new construction of Chuncheon-si and eight lots of ground officetels (hereinafter “instant building”). As to the construction of the instant building, the Plaintiff entered into a design service contract with C as follows (hereinafter “instant contract”).

(B) Article 3 (Scope of Services 1) of the Contract for Design Services of Building C (Plaintiff) and Article 3 (Defendant) (Scope of Services 1)

1. Support for design documents - Master plans, outlines and layout drawings;

2. Building permission, reporting on commencement, preparation of books for approval for use - Preparation of books for construction permission - Preparation of shop drawings (construction, structure, electricity, machinery, fire fighting, landscaping) books;

3. Change in the authorization and permission of buildings.

4. Preparation of allocation CG and lighting maps necessary for the sale of buildings in units;

5. Building permission, reporting on the commencement of construction, or application for approval for use (administrative program support).

1. Current status surveys and geological surveys;

2. Surveys to specify boundaries;

3. A building management ledger for approval for use;

4.As a matter of principle, in the case of installment payments, the payment timing and amount to be made shall be as follows, and in the case of installment payments, the payment period and amount to be made shall be as follows: (a) the payment period and amount to be made shall be as follows: (b) the payment period and amount to be made shall be as follows: (c) the payment period and amount to be made shall be as follows: (d) the payment period and amount to be made shall be as follows: (e) the payment period and amount to be made shall be 750,000,000 won after the completion of the pre-use inspection; and (e) the payment period and amount may be adjusted after consultation with Party A:

Article 5 (Adjustment of Price) (2) Where the area of the contract is increased or decreased by at least 5% due to a cause of Party A and the scope of the business of price increases by at least 10% due to a change in materials and methods of construction, Party A shall settle the relevant amount

Article 15 (Payment of Remuneration at Time of Suspension of Design Business) (1) In case where all or part of the design business has been interrupted due to any cause attributable to A, A shall be interrupted for the design business already performed by B.