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(영문) 창원지방법원 2018.12.20 2018가합54180

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant) KRW 199,00,242 against the Defendant (Counterclaim Plaintiff) and its weight:

(a) For KRW 60,211,634, 200.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 28, 2015, the Plaintiff entered into a contract with the Defendant, who was the designer, regarding the design of the said apartment on the following terms, as the owner of the building for the construction of the main apartment on the surface of 14 parcels, both Hagu-gun, Hanam-gun, and Haan-gun, and 14 parcels of land (hereinafter “instant construction

(hereinafter “instant design service contract”). A standard design contract for a building

3. Design content 2) Use: Aggregate of total floor area of multi-family housing 6) : 24,619.58 square meters: Tax-free total floor area: 2,324.41 square meters: Tax-free total area: 22,295.17 square meters per annum, the above total floor area shall be determined at the time of authorization and permission as the planned area to secure the maximum available rate.

4. Contract area: 24,619 square meters;

5) Amount of taxation: 46,39,8662) tax-free amount: 404,658,658,641,639,647,639,639,3964,397,649,3969,3963,964,97,97,3963,964,97,9639,963,964,97,963,963,964,963,963,964,97,963,969,964,963,97,964,39,964,963,964,97,964,39,396,396,964,394,396,

B. According to the Defendant’s design service performance, the Plaintiff obtained a building permit with respect to the instant construction project, which is the sum of 24,795.84 square meters [22,12.36 square meters (6,688.9 square meters) in total (22,688.9 square meters) in non-taxable area (multi-family housing)] and 2,683.48 square meters (8 square meters in store and officetel) in total (81.7527 square meters), and on November 15, 2016.