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(영문) 서울중앙지방법원 2018.10.23 2017가합524953

부당이득금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 202,312,074 to the Defendant (Counterclaim Plaintiff) and its related amount from July 23, 2016 to March 31, 2017.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is a company established for the purpose of real estate development business, real estate rental business, sales business, etc., and the Defendant is a company established for the purpose of design and construction supervision business of buildings.

B. On August 8, 2015, the Defendant: (a) received a request from the Plaintiff to establish a new plan for the business of constructing a archate (hereinafter “instant youth”) on the Plaintiff’s land (hereinafter “instant planned site”); and (b) drafted a plan several times on September 8, 2015; (c) made the contract amount of KRW 1,038,00,000 with the Plaintiff on September 8, 2015; and (d) made the main contents of the design contract with the Plaintiff on January 1, 200, below the following design contract title: (b) Port H new construction works

2. Site location: Three parcels outside C at the Gyeongbuk-si.

3. Design outline 1) Site area: 2,441.50 square meters (738.55 square meters) for the purpose of use: Business facilities (residential officetels) and neighborhood living facilities: 3: Number of floors of reinforced concrete building: 4 stories underground and 26 stories above ground: 45,791 square meters (13,851.9 square meters) for 45,791.69 square meters;

4. Contract amount: From September 8, 2015 to March 31, 2016, the period for performing design services under Article 2 (Separate Provision of Value-Added Tax) shall be 1,038,000,000 won (excluding value-added tax), and may be adjusted in consultation with the plaintiff and the defendant;

Article 3 (Scope of Services) The scope of services provided by the Defendant to the Plaintiff shall be the scope of services rendered by the Defendant to prepare basic plans, working drawings, and other design drawings and specifications (hereinafter referred to as "design services") necessary for the execution of construction works (hereinafter referred to as "design services") and the affairs of authorization and permission, current status surveys, and geological surveys related to construction.

Article 4 (Methods of Calculation and Payment of Service Fees) (1) Design art services fees shall be KRW 1,038,00,000, but the construction permission shall be later adjusted and fixed by an amount calculated by multiplying the service unit price (75,000/pact) by the service unit price (75,000/pact) if there is an increase or a decrease in the total floor area by

Provided, That where on-site conditions and design conditions are special or where duties are added, they shall be added.