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(영문) 울산지방법원 2017.05.24 2016가합20325

설계용역비 등

Text

1. The Defendant’s KRW 105,831,147 as well as the Plaintiff’s KRW 6% per annum from August 25, 2016 to May 24, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates B offices that conduct construction design, construction supervision, construction construction, urban management planning, district unit planning, maintenance plan, etc., and the Defendant is a company that conducts housing construction business, construction materials wholesale and retail business, construction consulting, real estate sale and lease business, etc.

B. The Defendant submitted the apartment design drawings (the apartment design in the size of 5th floor and 72 households above the ground) prepared by the Plaintiff in the course of promoting the new construction project of the ground-based apartment building C (hereinafter “new construction project of the instant apartment”) at the port of port to the port of port and obtained approval from the port market on July 14, 2009.

C. On January 14, 2010, the Plaintiff and the Defendant entered into a new apartment construction design service contract (hereinafter “instant design service contract”) with the following purport that the Plaintiff performed the design work, etc. of the instant apartment and is to receive KRW 200,000,000 from the Defendant for service costs.

Standard design contract for buildings

1. Name of the building: D Corporation;

2. Site location: C in case of a port of distribution.

3. Design content: 1) The total floor area of the site: The area of multi-unit housing (APT 172 households) for the purpose of use: the total floor area of the first basement and the 15th floor above ground: 2764m2.6m2.

4. Contract area: 22764m2.6m2.6

5. Contract amount: The term "A" and "B" may be determined by a special agreement, in addition to the matters stipulated in this Agreement, set forth in separate Article 23 (Matters in Special Agreement) of the Additional Tax Regulations.

1. It shall make every effort to cooperate in approving projects;

2. Where approval for a design change or modification of the project is granted, the expenses for design change shall be mutually consulted;

3. The design cost shall be, in principle, Biy (30 square) standard. The remainder shall be the contract price.

4. The base sale price for Biy (30 square meters) is approximately 14 million won and the remainder of approximately 14 million won (60 million won) shall be paid as down payment.

(Differences due to changes in the sale price). 5. The above land0 million won (60,000,000) shall be the Fund loan.