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(영문) 부산지방법원 2018.08.24 2017나58762

용역비

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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. Basic facts

A. The Plaintiff is a person who operates a construction design business with the trade name of “C” in Suwon-gu, Busan, and the Defendant is the owner of each land listed in the separate sheet (hereinafter “instant land”).

B. On March 2016, the Plaintiff prepared a written outline of design on apartment (hereinafter “instant apartment”) to be constructed on the ground including the instant land, etc., and issued a written estimate (hereinafter “the instant quotation”) stating the following details to the Defendant’s ASEAN on April 11, 2016.

A construction design service estimate

1. Service name: Construction design services for new construction works for Lrias apartments;

2. Location of a building site: D members of the Gyeongnam-gun Development Center.

3. Scale: 1st underground floor and 15th ground;

4. Total floor area: 6,497 square meters;

5. Business details: Business affairs related to building, structure, fire-fighting, electricity, telecommunications, machinery, civil engineering, landscaping.

6. Estimated amount: 120,000,000 won (excluding surtax).

7. Terms and conditions of payment: 30% at the time of the contract, part payments (when the book approved for the project is completed/ received), 40%, and 30% of the balance.

C. Around May 2016, the Plaintiff completed the design drawings of the instant apartment.

Around July 2016, the Defendant: (a) appointed an agent as the Plaintiff; (b) prepared a proxy power (hereinafter referred to as “instant proxy power”) stating that the agent “I consent to prepare a civil petition through the Internet Building Administration System and delegate all his/her authority in the process of filing an application; and (c) the said proxy power is accompanied by the Defendant’s certificate of personal seal impression.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 8 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion entered into a service contract with the defendant to carry out the preparation of design drawings and the authorization and permission for the construction of the apartment of this case (hereinafter "design service of this case").