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(영문) 수원지방법원 2015.05.22 2014가합15272

설계비청구

Text

1. As to KRW 294,00,000 and KRW 147,00,00 among them, the Defendant shall pay to the Plaintiff the year from August 26, 2013 to January 2, 2015.

Reasons

1. On November 26, 2012, comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 10 (including the branch numbers for which the plaintiff has a serial number) as to the cause of the claim, the plaintiff entered into an agreement with the defendant on November 26, 2012 that "the plaintiff shall design two underground floors, six floors, building area of 848 square meters, 6,945 square meters of total floor area of 147,000 won by August 25, 2013, and the defendant shall pay the defendant the design price of 147,000,000 won until August 25, 2013 (hereinafter referred to as "the first agreement"). On the same day, the plaintiff shall pay the above construction price of 200,000 square meters of ground floors, 139-2 139-1050 square meters of land in Suwon-si, and shall be paid the design price of 2015,204.7.

Therefore, the Defendant shall pay to the Plaintiff 294,00,000 won for each of the above designs (i.e., KRW 147,00,000) and 147,00,000 among the above designs (i.e., KRW 147,000,000) with 6% annual interest rate prescribed by the Commercial Act from Aug. 26, 2013 to Jan. 2, 2015, the delivery date of the complaint of this case (2014Gahap15289) as from Aug. 26, 2013 to Jan. 2, 2015, and with 20% annual interest rate prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment. From Oct. 26, 2013 to the day of full payment, the Defendant shall pay the remainder of KRW 147,00,000 with 25% interest rate per annum from the next day to Oct. 26, 2015.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.