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(영문) 울산지방법원 2014.05.21 2013가단15448
용역비
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 19,00,000 as well as its full payment from January 29, 2013.

Reasons

the principal lawsuit shall be judged together with the principal lawsuit.

1. Basic facts

A. On May 15, 2012, the Defendant entered into a contract with the Plaintiff on a design for altering the purpose of using four floors from the 7th to the 10th,000,000 won on the ground among the buildings of the 10th, Ulsan-gu and Ulsan-gu, and the 10,000,000 won at the time of the contract submission of the intermediate design documents (the time of receipt of the change of the purpose of use), and 10,00,000 won at the time of the submission of the execution design documents (the “instant contract”). The Defendant paid the Plaintiff KRW 10,00,000 as the down payment.

B. On June 12, 2012, the Defendant leased 10 to Nonparty D the deposit amount of KRW 150,000,000 from the sixth to the instant building, and KRW 16,00,00,00 (hereinafter “the instant lease”). D sought to operate a convalescent hospital by leasing the said floor among the instant buildings.

C. Upon the Defendant’s request, the Plaintiff changed the subject matter of the instant contract from the sixth to the tenth floor of the instant building into the medical facility; completed a modified design for the relevant floor; and applied for permission for change of the purpose of use; and obtained permission from the head of Ulsan Metropolitan City, Ulsan Metropolitan City on August 3, 2012.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 3, the whole purport of the pleading

2. Determination on the main claim

A. According to the reasoning of the judgment on the cause of the claim, insofar as the Plaintiff obtained permission to change the purpose of the instant building in accordance with the instant contract, the instant contract was completely implemented.

Therefore, barring any special circumstance, the defendant is 19,00,000 won for the service payment payable to the plaintiff under the contract of this case and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 29, 2013 to the day of full payment, as the plaintiff seeks.

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