설계비
All appeals filed by both the plaintiff and the defendant are dismissed.
Expenses for appeal shall be borne individually by each person.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance (from No. 2, No. 5 to No. 410 of the judgment of the court of first instance). Thus, this part of the judgment is cited pursuant to the main sentence of
2. Summary of the plaintiff's assertion
A. A. Around June 201, the Plaintiff entered into the instant contract with the Defendant with a design cost of KRW 37 million (excluding value-added tax) and drafted design drawings accordingly. After obtaining a building permit, the Defendant demanded the Plaintiff to change the existing first floor and the five storys on the ground level to the first floor and the seven storys on the ground, on the ground level, around 2013. Accordingly, the Plaintiff shall additionally pay the design cost of KRW 15 million (excluding value-added tax) with the Defendant, while making an oral design agreement (hereinafter “instant design agreement”).
(2) On the other hand, the design cost that the Plaintiff received from the Defendant is KRW 29,341,00 (= KRW 45,590,490 paid by the Defendant from August 16, 2012 to November 8, 2014 – KRW 90,490 on November 21, 2012 – KRW 16,159,00 which was paid to D as supervision costs out of KRW 16,20,00 on November 3, 2014; thus, the Defendant is obligated to pay the Plaintiff the remainder of KRW 29,341,49,500 on the design cost under the instant contract and the instant design modification contract (=37,000,000) 】 1.4,000 won after deducting the remainder of KRW 29,341,000,000 from November 1, 2014).
B. Around June 2011, the Defendant requested the Plaintiff to design the building with respect to the size of the first and fifth stories underground and the fifth stories above the ground, and the Plaintiff prepared the design drawings related thereto. Around 2013, the Plaintiff again requested the alteration of the building with respect to the size of the first and seventh stories above the ground, and the Plaintiff prepared the design drawings accordingly.
Where the contractual relationship between the plaintiff and the defendant is denied, the defendant is provided with the design drawing from the plaintiff.