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(영문) 부산지방법원 2015.11.05 2014가합12143

용역비

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 17,850,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 14, 2014 to November 5, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. The Plaintiff is a corporation established for the main purpose of the construction design and supervision business, and the Defendant (a medical corporation B) is a corporation established for the main purpose of the establishment and operation of medical institution.

B. The Plaintiff and the Defendant entered into a building design contract (A evidence No. 1; hereinafter “instant design contract”) with respect to the construction work, including the extension of the C convalescent Hospital (hereinafter “instant building”).

Standard design contract for buildings

1. Building name: C convalescent hospital; and

2. Site location: Busan Northern-gu D, E, and F

3. Design content: 2,00 square meters for the purpose of extension, alteration of purpose of use: 3: Convalescent care hospital structure: 4: A reinforced concrete structure: The total floor area of 1st basement and 6th floor above ground: 479.45 square meters: 2,954 square meters.85 square meters;

4. Contract area: 2,954 square meters.85 square meters.

5. Contract amount: § 43,500,000. (3) When making installment payments, the time of payment and the amount of payment shall, in principle, be determined as follows; however, the defendant and the plaintiff may be adjusted through consultation:

- KRW 10,000,000 for contract commencement - KRW 10,000 for permission commencement - KRW 13,500,000 for approval for use - total of KRW 13,50,000 for approval for use - KRW 43,50,000 for the defendant’s reasons, and KRW 50,00 for the defendant’s reasons, and KRW 10% or more for the defendant’s business scope is increased due to changes in materials and construction methods, the defendant shall settle the corresponding amount to the plaintiff.

③ If the contract area is increased or decreased by at least 5% on the ground of the Plaintiff, the Plaintiff shall settle the relevant amount to the Defendant.

(4) The settlement of increases or decreases in consideration shall be reflected in the final payment.

C. The Plaintiff completed the design in accordance with the instant design contract, and the Defendant, based on this, shall have the construction company, etc., the Oral General Construction Co., Ltd. (hereinafter “Oju General Construction”) complete the construction, and on January 6, 2014.