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(영문) 서울중앙지방법원 2019.01.17 2018가합536359

채무부존재확인

Text

1. The design service contract for the interior design concluded on April 8, 2016 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) is concluded.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 8, 2016, the Plaintiff entered into a design service contract for indoor interior interior interior design (hereinafter “instant design service contract”) with the Defendant on the total design fee of KRW 500,000,000 (Additional tax separately) for the guest rooms, household units, and common space of the newly-built hotel in order to carry out a new hotel construction project (hereinafter “instant project”) on the site for the resort facilities located in D-si, Young-si, Gangwon-do, which are located in D-si, Seoul Special Metropolitan City Urban Planning Facility (hereinafter “Sinsi E”).

(The overall construction design contract for the project of this case was concluded with a separate architect office, and the design service contract of this case between the defendant and the defendant is limited to the indoor interior interior interior design.

With respect to the payment of the price in the design service contract of this case, the Plaintiff and the Defendant set the contract price of KRW 50,000,000,000, the first intermediate payment of KRW 75,000,000, the second intermediate payment of KRW 75,000,000, and the remainder of KRW 300,000,000, as indicated below, and the Defendant paid to the Plaintiff both the down payment and the first intermediate payment of KRW 125,00,000,000 (Additional tax separate).

When the completion of the second part payment as of the completion date of the delivery of the first part of the second part of the construction (including approval for the second part payment of the second part of the construction work) at the time of the completion of the basic design and the first part of the public space (including the approval for the second part payment of the second part of the construction work before the completion date of the second part of the construction work) at the time of the completion of the second part payment of the second part of the first part of the construction for the second part of the construction for the second part of the construction for the second part of the construction for the last part of 5,000,000 model for the first part of the construction for the construction for the second part of the construction for the last part of the 50,000,000 model for the last part of the construction for the last part of the construction for the second part of the construction for the last 30,000,000 after the sale

C. On August 12, 2016, FF Committee, etc., which is an environmental movement organization in Si/Gu, is located in a amusement park due to the determination of an urban management plan by neighboring residents, including owners of a part of land in D amusement park.