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(영문) 서울서부지방법원 2018.06.21 2018나30836

용역비

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an architect office that engages in design services, etc. as a business, and the Defendant is the owner of the instant construction project for the 5th underground floor and the 20th floor of the ground surface in the general commercial area of the Lighting Station (hereinafter “instant construction project”).

B. On February 22, 2013, with respect to the instant construction project, the Plaintiff entered into a design service agreement with the Defendant, which includes the following as a contract price of KRW 790,000,00 (value-added tax separate).

(hereinafter “instant contract”). Article 2 (Period of Service Execution and Commencement) (1) The period of design service performance shall be from the date of this contract to the date of registration in the building ledger.

(2) In principle, the Plaintiff shall commence the service simultaneously with the contract, and conduct the service in line with the project schedule specified in attached Table 1.

(4) For the purpose of avoiding doubt, the delivery of the design documents for which the plaintiff completed an internal review at each stage of Article 4 does not mean the completion of the design service, and the design service is completed at each stage when the business owner’s approval of the design documents is completed.

Article 3 (Scope, etc. of Contracts) The scope, etc. of contracts shall be as specified in attached Table 2 attached hereto.

Article 4 (Methods of Calculation and Payment of Price) (1) The standards of calculation of price for design business shall be determined as follows in consultation with each other on the basis of the amount bided by the plaintiff at the time of public offering of design.

(2) The remuneration for the design business shall be paid in installments in accordance with the following payment standard table:

(3) In principle, the time of payment and the amount of payment shall be determined as follows, but may be adjusted through consultation between the defendant and the plaintiff:

[Standard Table] The construction permit for the second progress payment, including the 20% 158,00,000,000 / the 20% 158,000,000 / the 20% 158,000,000 / the 20% / the 20% / the 20% / the / the / the /

A person shall be appointed.