beta
(영문) 서울중앙지방법원 2017.09.01 2016가합528644

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 109,648,267 to the Plaintiff (Counterclaim Defendant) and its amount from June 23, 2016 to September 1, 2017.

Reasons

1. Basic facts

A. The Plaintiffs are persons sharing 1/2 shares of 1834m2 of the land for the school of Suwon-si, Suwon-si (hereinafter “instant land”).

The land in this case shall be constructed as a kindergarten site sold in lots by the Housing District Development Project, and at least 70% of the total floor area shall be established as a kindergarten, and the nursery facilities shall be established on the first floor, and there was a limit that childcare facilities under the Infant Care Act shall be constructed together with the remaining area of the kindergarten.

B. On June 27, 2014, the Plaintiffs entered into a design/supervision contract with the Defendant, an architect, for the building that newly constructs a kindergarten on the instant land (hereinafter “instant first design contract”) as follows.

1. Design contract title: New establishment of a F kindergarten;

2. Site location: G kindergarten site in the sphere of Suwon-si.

3. A design outline 1) Site area: The use and size of 1,834.70 square meters (55.30 square meters) (5.30 square meters): The total floor area of an educational facility ( kindergarten), underground first floor, and ground fourth floor): 6,269 square meters (1,896 square meters).

4. Estimated amount: 100,000,000 won (the construction design cost of KRW 94,83,000, and the construction deliberation cost of KRW 6,000,000).

5. 1) A detailed statement of construction permit and approval for use (related to administrative agency-construction permit, building construction, and approval for use) (4) construction supervision support (building, structure) civil engineering (design) (6) construction supervision drawings (excluding landscape review) (7) construction review drawings (excluding landscape review), and (8) construction drawings (limited to landscape review), of 3) construction approval and approval for use (related to construction, electricity, and fire fighting).

C. On October 8, 2014, Plaintiff B entered into a building design contract (hereinafter “instant secondary design contract”) with the Defendant to change the size of the said kindergarten. The Plaintiffs paid KRW 10,000,000,000 to the Defendant on October 13, 2014, and KRW 90,000,000 on October 16, 2014.

1. Name of the building: A new establishment of a F kindergarten;

2. Site location: G kindergarten site in the sphere of Suwon-si.

3. A design outline 1) Site area: Use and size of 1,834.70 square meters (55.30 square meters).

참조조문