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(영문) 수원지방법원 2020.05.27 2019나81315
용역대금 청구
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. On August 7, 2014, the Defendant entered into a design service contract with E Co., Ltd. (hereinafter “former Design Office”) for a convalescent hospital that will be newly built on the ground C in Yeongdeungpo-gu, Suwon-si.

B. On October 26, 2017, the former design office filed a lawsuit against the Defendant on the ground that the Defendant did not pay the service cost, against the Defendant, claiming for the payment of the total amount of the unpaid service cost of KRW 747,500,000 as the Suwon District Court Decision 2017Gahap23601, and damages for delay thereof. The Defendant asserted and disputed the defect of the design cost that the former design office provided.

C. On November 25, 2017, the Defendant entered into a design modification service contract of the said convalescent (hereinafter “instant design modification contract”) with the Plaintiff (hereinafter “instant construction supervision contract”), and the main contents thereof are as follows.

Article 2 (Contract Area and Period): 12,468.15 square meters: Price period: Article 3 (Scope of Contracts) (1) of the design change contract of this case (the scope of Contracts) of the 199.11. to March 31, 2019 (the time the approval for use is completed), the scope of contracts, etc. refers to the “Scope of construction design business and quality table” in [Attachment Table 1].

(2) Detailed matters necessary for design work, such as the preparation of work completion books and building management books, shall be determined through consultation between the plaintiff and the defendant, and the plaintiff shall be subject to the scope of design work

Article 4 (Methods of Calculation and Payment of Price) (3) In the event of payment in installments, the time of payment and amount of payment shall be determined as follows, but the plaintiff and the defendant may consult with each other:

-10 per cent (5,00,000 won): - at the time of the contract - 20 per cent (110,000,000 won) of the first intermediate payment (110,000): - at the time of application for a building permit (revision): - at 30 per the second intermediate payment (165,00,000): at the time of completion of a building permit (revision): - at 165,00,000 for the third intermediate payment (165,00,000 won): at the time of commencement (is supplied books) - 10 per the remaining amount (5,00,000 won):

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