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(영문) 서울동부지방법원 2018.12.12 2017가단105501
용역비
Text

1. The Defendant’s KRW 46,250,00 for the Plaintiff and KRW 5% per annum from March 7, 2017 to December 12, 2018.

Reasons

1. Basic facts

A. On October 3, 2015, the Plaintiff entered into a building design contract with the Defendant (hereinafter “instant primary contract”) with the following content.

Design contract title: A building site location of a newly-built parking building site area in Namyang-si: For the purpose of 2,232 square meters (67.3 square meters): A parking lot, 1,232 square meters (67.3 square meters): A parking lot, 2,232.2 square meters: The total floor area of 1st underground floor, 3rd floor structures on the ground: The contract amount of 7,027.98 square meters (2,125.96 square meters): 127,000,000 won (excluding value-added tax): at the time of delivery of the basic design (30 percent) at the time of delivery (40%) 36,000,000 won (for filing a report on commencement of works) from October 3, 2015 to December 31, 2015: the service period of 36,000,000 won (40%) at the time of delivery of the basic design (for filing a report on commencement).

B. The Plaintiff was scheduled to file an application for a building permit on January 25, 2016, but the Defendant demanded that the Plaintiff make a design alteration on January 21, 2016, setting the building size of the said parking building on three floors above the ground.

Once the Plaintiff applied for a building permit in accordance with the existing design, the Plaintiff changed the design to the building area of 1,706.67 square meters, total floor area of 4,90.91 square meters, and the third floor above ground ( underground PIT layer), and received a building permit on February 29, 2016.

C. On March 28, 2016, the Defendant notified the Plaintiff of the cancellation of the instant contract on the ground that the shop design document was not supplied until the time when the building permit was approved.

On April 4, 2016, the Plaintiff claimed design service costs to the Defendant by way of content-certified mail along with design documents.

E. On April 14, 2016, the Plaintiff and the Defendant concluded the following three contracts on the above parking building (including the total contract amount of KRW 116,750,000, value added tax, and value added tax; hereinafter “instant secondary contract”).

1) A building design contract (including contract amount of KRW 90,600,000, value-added tax): The structure of parking lot neighborhood living facilities: steel framed and reinforced concrete building: Underground 1 (PIT story and ground 3rd floor area: 4,90 square meters: 4,90 square meters.

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