beta
(영문) 서울중앙지방법원 2016.01.14 2015가단138290

용역비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 6, 2013, the Plaintiff entered into a building design service contract (hereinafter “instant contract”) with the Defendant with regard to the construction of reinforced concrete tanks with the size of the first underground floor and the second floor above the ground, on the ground of the building site B (hereinafter “instant site”) owned by the Defendant, in relation to the construction of reinforced concrete tanks with the size of the second floor above the ground.

- Building area: 88.29 square meters and annual area: Contract amount: 33,00,000 won (including value-added tax), 11,000,000 won at the time of the contract, and 11,000,000 won at the time of the completion of the authorization, and 11,000,000 won at the time of the completion of the authorization - the contract period - the scope of the construction design business from March 1, 2013 to April 2013 - The scope of the planning business (scale review, on-site investigation), design drawings and specifications (basic design plans, execution design plans, building ledgers), post-design management business (basic design drawings and advice on the construction process), the Plaintiff visited the site in this case and provided design documents to the Defendant on a six-time basis from February 1, 2013 to September 25, 2014.

The Defendant paid KRW 22,00,000 to the Plaintiff out of the design price under the instant contract.

【Ground of recognition】 The fact that there is no dispute, A1, 2, 3-1 through 3-7, the purport of all pleadings

2. The assertion and judgment

A. Although the Plaintiff’s assertion was prepared on April 12, 2013 by providing the Defendant with the design drawings and specifications set up on April 12, 2013 and submitted them to the Defendant, construction continued to run a unreasonable demand, such as the Defendant’s continuous demand for design change. Therefore, the Defendant is obliged to pay the remainder of the design cost to the Plaintiff.

B. The scope of the Plaintiff’s work under the instant contract includes ex post facto design management and agency services, such as explanation and consultation of design intent in the process of construction, preparation of building ledger, etc., in addition to the preparation of design documents.