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(영문) 수원지방법원 성남지원 2018.08.07 2018가합402587

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 24, 2016, the Plaintiff: (a) was a person who provided development consulting on the foregoing C, including the land category of 2,162 square meters in Seo-gu Incheon, Seo-gu (hereinafter “instant land”); and (b) the Defendant was the owner of the instant land.

B. On January 17, 2014, the Plaintiff entered into an agency service contract (hereinafter “instant service contract”) with the Defendant, and drafted an agency service contract (Evidence A2; hereinafter “instant service contract”) that contains the following details.

1. Details of a contract: The location of the agency business, such as surveying, civil engineering and construction design: For the purposes of use B (2) in Seo-gu Incheon Metropolitan City: Article 1 (Scope, etc. of Contracts)

1. Real estate consulting;

2. Vicarious execution of surveys, civil engineering and construction design;

3. Determination of construction works in connection with construction and construction;

4. All other duties as a contractor or contractor. Article 2 (Amount of Services)

1. Design and basic survey service amount:

2. Costs for services, such as implementation and construction: Based on the design map drawn up after permission by the Plaintiff, it shall be applied based on the standard pumsem issued by the Ministry of Land, Transport and Maritime Affairs designated by the Ministry of Land, Transport and Maritime Affairs, and the Defendant may, in comparison with the Plaintiff’s estimate, receive another estimate, and the Plaintiff and the Defendant shall consult and determine at a reasonable price in light of social norms after comparison with the Plaintiff’s estimate, and the Defendant may select a construction project suitable for the Defendant’

The actual expenses requested by government offices, etc. during the performance of other duties shall be separately claimed by the plaintiff to the defendant, and the defendant shall be paid without delay.

Article 3 (Payment Method of Price: Deposit in Account (See Written Estimate)

1. Contract deposit: 30% at the time of contract;

2. Balance: 70 percent within one week after permission is granted.

3. Costs for services, such as execution and construction: Article 2 of the separate sheet;

2. Article 8 (Cancellation and Termination of Contract) (1) The plaintiff and the defendant shall conclude the contract in any of the following cases: