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(영문) 서울중앙지방법원 2018.09.21 2015가단5365318

설계용역대금

Text

1. The Defendant shall pay to the Plaintiff KRW 33,630,465 and the interest rate of KRW 15% per annum from November 28, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 5, 2014, the Plaintiff, a corporation established for the purpose of architectural design business and supervision business, etc., entered into a contract for design and supervision services (hereinafter “the first contract”) with C Co., Ltd. (representative D) on the size of 1,696.00 square meters (5.8 square meters) located in Suwon-si, Gyeonggi-do) and the total floor area of 3,490.52 square meters (1,05.88 square meters) with respect to the construction of the F building (hereinafter “instant construction”), with a contract amount of KRW 158,00,000 (105,50,000,000,000 for design services, supervision services, and value-added tax separately).

B. Accordingly, while receiving the retainer fee of KRW 10 million from the Plaintiff, the Defendant did not receive the progress payment, even though he succeeded to contractual status from C and received the progress payment according to the progress of the business. The Defendant requested the Plaintiff to proceed with the construction permit and the development act, and the Plaintiff was paid KRW 500,000 on April 10, 2015, and KRW 5 million on April 22, 2015, respectively, but did not receive value-added tax of KRW 1 million from the Defendant.

C. In addition, the Plaintiff received KRW 25 million from the Defendant on August 24, 2015, and KRW 10 million on September 10, 2015 as design service costs.

On September 21, 2015, the Defendant: (a) concluded a contract for the alteration of design services (hereinafter “instant alteration contract”); (b) with the content of fixing KRW 55,500,000 as additional design service cost (40,000 as design alteration cost of KRW 10,500,000), and with respect to the payment of the said price, the payment of KRW 15,50,000 as total amount of KRW 15,50,000 has been completed, and the payment of KRW 30,000 has been paid on October 8, 2015, which is the time when the alteration contract was made; and (c) KRW 40,000,000,000 as total amount of KRW 15,50,000,000,000 in total, and KRW 400,000,15,200,000 under the modified contract.