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(영문) 서울중앙지방법원 2017.01.12 2015가단5086523
손해배상(기)
Text

1. The defendant Lee Soo-chul-chul, the research institute, and the architect office of the Square shall be jointly and severally held against the plaintiff 4,950.

Reasons

1. Basic facts

A. In order to use his company's company house, the Plaintiff: (a) requested services, such as design, on the second floor housing building in Yongsan-gu, Yongsan-gu, Seoul (hereinafter "the building in this case") located in 47-3 by Han River-ro 2; (b) repaired the wall of the building in this case; (c) extended the second floor of the building in the multi-section, constructed the stairs, balcony, etc.; and (d) consulted on the purpose of use to the office; and (e) in such a case, the Plaintiff decided to undertake construction without permission from the competent office only if it is necessary to grant permission for large-scale repair.

B. According to the foregoing consultation, the Plaintiff entered into a contract for the design supervision and consultation of the building on May 22, 2014, with the Plaintiff’s Egyptive House Research Institute and the architect office and the plaza office, setting the service cost of KRW 16,50,00 (including value-added tax; hereinafter the same shall apply) and the service period from May 22, 2014 to December 30, 2014. The Plaintiff paid KRW 13,200,000 in total as of May 22, 2014 and paid KRW 8,250,000,000 as of August 13, 2014.

C. As the special terms and conditions of the above design contract, the following provisions stipulate that “where a construction project is being or after completion, re-installations, or supplementary matters arise from the Gu office, Defendant Lee Dong-sung Industrial Research Institute, and the architect office square shall take various measures following the various authorizations and approval procedures, and shall faithfully perform their duties until approval is completed from the datum, and all administrative actions, such as the preparation of re-design documents, etc., shall be conducted by the Plaintiff.”

On July 28, 2014, the Plaintiff entered into a contract for construction works with regard to remodeling construction works of the instant building on July 28, 2014, with regard to the introduction of the Defendant Lee Dong-sung’s Research Institute during the period from July 28, 2014 to September 27, 2014, and entered into a contract for construction works with regard to advance payment.

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