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(영문) 서울중앙지방법원 2016.01.13 2015가합14285

용역비

Text

1. The Defendant’s KRW 562,564,395 as well as 6% per annum from March 11, 2009 to December 8, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is the reconstruction project association that obtained approval from the head of Gwanak-gu Office on May 18, 1995 for the establishment of a new apartment located in Gangnam-gu, Seoul Special Metropolitan City (hereinafter "the apartment of this case") on November 16, 2005 and completed the registration of incorporation on November 16, 2005.

B. On December 29, 2005, the Defendant entered into a design service contract for the reconstruction of the instant apartment (hereinafter “instant contract”) with the Plaintiff, setting the contract amount of KRW 1 billion to KRW 1 billion,2940,000,000.

The main contents of the instant contract are as follows.

1. Design contract title: New construction of apartment reconstruction works in this case;

2. Site location: 1644 unit area in Gwanak-gu in Seoul Special Metropolitan City.

3. A design outline 1) Site area: The number of floors for the purpose of approximately 26,941.73 square meters ( approximately 8,149.84 square meters): The total floor area of 111,619 square meters ( approximately 33,764.68 square meters). The number of floors for apartments and ancillary welfare facilities 3): 1-2 stories underground, 12-24 stories above ground, and 5 stories: The total floor area of reinforced concrete brick structure 5): approximately 111,619 square meters;

4. Contract amount: 1,012,900,000 won (the above contract amount shall be 30,000,000 won per total floor space conversion) shall be adjusted later according to the area after the approval of the project.

Article 3 (Scope of Services) The scope of services to be rendered by the Plaintiff to the Defendant is to prepare basic design drawings, working design drawings, and other design drawings necessary for the execution of construction works.

Article 4 (Calculation and Payment Method of Service Fees) (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 by consultation between the defendant and the plaintiff.

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

(3) In the 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 between the defendant and the plaintiff:

20% at the time of delivery of the basic design (for the purpose of an application for a license), 405,160,000 won at the time of the service contract for the amount of payment at the time of payment.