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(영문) 서울남부지방법원 2018.12.20 2018가단13480

용역비

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 25,975,508 as well as 6% per annum from July 7, 2018 to December 20, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company with the purpose of building design, etc., and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company with the purpose of new construction, sale, construction, etc. of housing, and Defendant C is a child of D, the representative of the Defendant Company, and a person who contracts each of the following architectural design services to the Plaintiff jointly with the Defendant Company.

B. On November 27, 2017, the Defendants contracted the Plaintiff with construction design services regarding the construction of the Yangcheon-gu Seoul Metropolitan Government Ground Living Facilities and Multi-household Housing Construction.

(hereinafter “E contract”). Among them, the key issues in this case are as follows:

From 1. to 3. (Omission)

4. Contract amount: Won 33,000,000 (Won 20,000,000 of multi-family housing, neighborhood living facilities 13,000,000, value added tax on the part of neighborhood living facilities, separate tax on the cost incurred in the name of each owner, and separate tax on the cost incurred in the name of each owner) the payment rate for the payment rate of about 30% Won 10,000 and 30% Won 10,000,000 when the completion of a construction permit for an interim design and authorization, and about 10% Won 10,000,000 working design services within one month after the commencement of the authorization, and approximately 10% Won 5,000,000 working design services when approval for use is received;

5. Method of payment of service charges;

6. Contract term: From November 27, 2017 to March 30, 2018 (Separate Special Agreement) (1) Article 4 (Calculation of Service Costs and Method of Payment) (1) The calculation of service costs shall be determined by mutual agreement.

(2) In principle, the price for the design business shall be paid in installments according to the degree of design progress as follows:

- Building design contract 5.Service charges, see Article 13 (Payment at Time of Suspension of Design Work) 1. Where the whole or part of design work has been interrupted due to a cause attributable to Party A (Defendants), Party A shall pay the price for the design work already performed by Party B up to the time of suspension.

(2) The consideration for duties performed by the time of suspension shall be computed based on consideration standards.

(3) Any cause attributable to the Corporation.