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(영문) 서울중앙지방법원 2015.06.18 2014가합566758

용역비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of premise;

A. A Co., Ltd. (hereinafter “A”) was the executor of the construction of officetel B (hereinafter “instant construction”). A around November 201, between the Plaintiff and the Plaintiff, entered into a design and supervision service contract with respect to the instant construction (hereinafter “instant service contract”).

Article 1 (General Provisions) This Agreement shall provide for the rights, obligations, etc. between places and between places (A) to which a certified architect (Plaintiff) has entrusted, as well as between places necessary for the performance of design duties and supervision.

Article 2 (Period of Service) The period for performing design service (including supervision) shall be from the contract date to the time of final approval for use.

Article 4 (Calculation of Service Fees and Method of Payment) (1) The calculation criteria and method of service fees shall be based on the remuneration criteria.

Provided, That where on-site conditions and design conditions are special or work is added, it shall be determined through consultation between the plaintiff and A.

(2) The remuneration for the design business shall be paid in cash in lump sum or in installments.

(3) In case of installment payments of remuneration, the time of payment and the amount of payment shall, in principle, be as follows, and may be adjusted through consultation with the plaintiff and A:

▣ 설계부분 지불시기 금액(원, 부가세 별도) 계약시 5,000만 건축심의,허가시 2억 착공시 2억 오피스텔 분양율 50% 달성시 2억 4,000만 사용승인시 2억 합계 8억 9,000만 ▣ 감리부분 지불시기 금액(원, 부가세 별도) 착공계 제출시 5,000만 건축공사 기성시 4,000만 공기는 22개월 기준이며, 2개월에 한번씩 기성을 받는 것으로 한다.

If the air is extended, 20 million won per month shall be added.

Total of 400 million 45 million won

B. On February 15, 2013, A subsequently decided to transfer the status of the executor of the instant construction to the Defendant, and agreed with the Defendant as follows (hereinafter “instant agreement”).

In relation to the transfer of the status of the implementer of the instant construction project, the Defendant and A.