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(영문) 서울중앙지방법원 2018.01.19 2015가합503129

설계비 청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the construction design, supervision services, and urban design services, and the Defendant is an association established to implement the housing reconstruction improvement project (hereinafter “instant rearrangement project”) by designating the land of the Guri-si C as the project site.

B. The Defendant obtained authorization for the establishment of the Reconstruction Improvement Project Promotion Committee on March 16, 2004, and selected D as a design business operator on May 30, 2005 after concluding a design contract with the said company on May 30, 2005, and was designated and announced as a rearrangement zone on July 30, 2007 (190.99% for the authorized floor area ratio), and obtained authorization for the establishment on September 8, 201.

C. On November 12, 201, the Defendant selected E Co., Ltd. (E) as the contractor at a temporary residents’ meeting held on November 12, 201, and selected the Plaintiff as the designer of the reconstruction improvement project.

On November 21, 2011, the Defendant concluded a design contract with the Plaintiff.

(A) Evidence No. 1, hereinafter referred to as “instant contract”). The main contents are as follows:

- A design contract for a building -

1. Service name: District Housing Reconstruction rearrangement project; and

2. Location of a building site: A day-to-day Seoul in Gyeonggi-ri.

3. Design outline: 1) The total floor area of the site: 5,548 square meters (4,703.27 square meters): 15,548 square meters (4,703.27 square meters): The total floor area of 3,551.84 square meters (1,074.43 square meters) and the total floor area of 52,153 square meters (15,76.33 square meters).

4. Contract amount: LLT separate (14,180,000 won per square meter per square meter) - Article 3 [Scope of services] The scope of services entrusted by the Defendant to the Plaintiff is to prepare all the design documents necessary for the execution of the housing reconstruction project implemented by the Defendant, such as planning design, basic design and design documents necessary for the construction of buildings, and other design documents necessary for the execution of the housing reconstruction project implemented by the Defendant, and to perform all the affairs incidental thereto.