Text
1. The plaintiff's appeal and the claim extended in the trial are all dismissed.
2. The costs of the lawsuit after filing the appeal.
Reasons
1. Basic facts
A. A. Around September 2007, Defendant Il-il entered into a contract with Sti (hereinafter “Sti”) on an execution agency for a real estate development project (hereinafter “instant project”) that newly constructs and sells, and sells, a main complex building on five parcels, other than the land B in Gyeonggi-gun, and the Plaintiff, who operates D architect office, entered into a contract on construction design and supervision services relating to the instant project with Defendant Il-il Market and Sti around January 2008.
The main contents of the above architectural design and supervision services contract are as follows:
[Construction Design Contract] Article 6 (Special Agreement, etc.) In addition to the matters stipulated in this Agreement, if there is a special agreement between Party A and Party B, an individual contract incidental thereto may be entered into additionally, and the expenses incurred therein shall be calculated separately in accordance with the standards for remuneration.
Article 10 (Preparation of Design Documents) (3) The scope of services and the submission of delivery books shall be governed by the “special clause” attached thereto.
Article 13 (Cancellation and Termination of Contract A) (2) Where it is impracticable to perform a contract due to any unavoidable cause, such as natural disaster, etc., a contract may be rescinded or terminated in consultation with the other party.
Article 15 (Compensation for Damages) A and B may claim damages to the other party where the other party has incurred any loss due to the rescission, termination, or breach of a contract under Article 13.
Article 17 (Payment of Remuneration at Time of Suspension of Design and Supervision) (1) Where all or part of design and supervision have been interrupted due to any cause attributable to A, A shall pay remuneration up to the time of suspension with respect to the design and supervision already performed by B.
(2) Remuneration for duties performed by the time of suspension shall be computed based on the remuneration standards.
[Design Service Guidelines] Article 2 (Scope of Services)
2. The work of drawing up books shall be one rental;