beta
(영문) 서울중앙지방법원 2019.07.10 2017가단5168368

용역비반환청구

Text

1. The Defendant’s KRW 7,00,000 as well as the Plaintiff’s annual rate of 5% from October 13, 2017 to July 10, 2019.

Reasons

1. Facts of background;

A. The Plaintiff purchased the Dongdaemun-gu Seoul Metropolitan Government F building (hereinafter “instant building”) along with C and D (hereinafter “E”) and promoted the business of selling the building through substantial repair construction and alteration of use.

B. On September 15, 2015, the Plaintiff entered into a design service contract with the Defendant for substantial repair and alteration of use of the instant building (hereinafter “instant contract”) in the course of negotiations on the purchase of the instant building.

C. The main contents of the instant contract are as follows.

The Plaintiff paid KRW 50,000,000 to the Defendant on the date of conclusion of the instant contract.

Article 4 (Calculation of Consideration and Method of Payment) (2) The remuneration for the design business may be paid in lump sum or in installments.

Upon receipt of construction deliberation of KRW 10% 50,000,000 when the contract for the amount of payment was made, 10% 50,000,000 when the contract was made, 70% 350,000,000 when the construction plan was submitted, 10% 50,000,000 when the payment was made in installments, and 10% 50,000,000 when the payment was made in installments, the time and amount of payment shall, in principle, be determined as follows, but may be adjusted through consultation between the plaintiff and the defendant:

Article 13 (Cancellation and Termination of Contract by the plaintiff) (1) The plaintiff may cancel all or part of the contract in any of the following cases:

1. Where it is impossible for the Defendant to perform the contract due to a disposition suspending transactions at a financial institution, default on bills and checks, provisional seizure or compulsory execution by a third party, declaration of incompetency and quasi-incompetency, or application for the liquidation of the company;

2. Where the defendant transfers contractual rights or obligations without the consent of the other party;

3. Where the execution of a contract is impossible due to death, disappearance, disease, or any other cause or event.

Article 15 (Indemnification) The plaintiff and the defendant shall modify the contract under Article 10 (2), Articles 13 and 14.