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(영문) 의정부지방법원 2014.08.21 2012가합12792
손해배상(건)
Text

1. Defendant B’s KRW 37,368,00 for the Plaintiff and KRW 6% per annum from November 6, 2012 to August 21, 2014.

Reasons

Basic Facts

Estimated Conditions

1. Common matters:

(a) Criteria for three months from the commencement date of the construction period (excluding extension of the construction period due to a request other than estimate by the owner);

(b) Additional works due to the determination of SPEC and detailed drawings, design changes, etc., shall be separately settled;

E. On April 8, 2011, the Plaintiff, among the construction works, entered into a contract with Defendant B on April 4, 2011, under which the scheduled commencement date for new construction of housing (hereinafter “instant housing”) on the ground of Gyeonggi-si C (hereinafter “instant contract”) was set at KRW 230 million for the construction work period (hereinafter “instant contract”).

The terms of the main estimate of the instant contract are as follows.

On November 25, 2010, the Plaintiff entered into a design service contract (hereinafter “instant design contract”) with regard to the new construction of the instant housing between May 2010 and June 201 (hereinafter “Defendant Company”), setting the service cost of KRW 17 million from May 2010 to June 201. Article 3 (Scope of Services) ① The scope of the design service to be provided by the Defendant Company to the Plaintiff is the preparation of the basic design drawing, the shop design drawing, and the design drawing necessary for the authorization and permission of the building (hereinafter “design service”), and the design drawing is presented in order to prevent disputes between the contractor and the building owner.

The defendant company shall instruct the contractor to submit the basis for calculation of construction costs, such as the quantity, unit price, etc. before the execution contract, to the plaintiff and shall consult with each other when selecting materials

② 설계업무의 상세한 내용은 <붙임#1>과 같다.

(3) Article 4 (Calculation of Service Costs and Method of Payment) (2) of the 5,000,000 Won at the time of the completion of construction works of KRW 5,00,000 on the date of delivery of the 5,000,000 for the service contract for the amount of supervisory payment.

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