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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. Main ro.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a company owning 9,102 square meters of D forest land in Kimhae-si (hereinafter “instant land”). Defendant B is a certified architect operating “F of the comprehensive architect office” (hereinafter “F”) located in Kimhae-si, and Defendant C is a company running the civil engineering design service business in Kimhae-si, Kimhae-si.
B. On February 2016, H, the actual operator of the Plaintiff, through I and J, proposed that the Defendants obtain permission to develop the instant land as a electric source housing complex, and that the Defendants be in charge of the work of preparing design drawings and obtaining permission on behalf of the Defendants.
C. Accordingly, on March 14, 2016, the Defendants recommended that H develop only the instant land as an electric source housing complex due to the gradient, standing timber level, etc., and that it would be difficult for the Defendants to develop the instant land as an electric source housing complex, together with the instant land 10,055 square meters (hereinafter “instant adjacent land”) owned by the United Nations Es.S. Construction Co., Ltd. (hereinafter “NS”) and the instant land as an electric source housing complex. On March 14, 2016, H accepted the said proposal, the Plaintiff and the Defendants concluded a construction design service contract and a civil engineering design service contract with respect to the instant land.
Among them, the terms and conditions of the contract entered into between the Plaintiff and the Defendant B (hereinafter “instant construction design service contract”) were to provide the construction design and equipment design services for the first floor house to be newly constructed on the ground of the instant land in the amount of KRW 22,00,000 (excluding value-added tax). The contract entered into between the Plaintiff and the Defendant C (hereinafter “instant civil engineering design service contract”) (hereinafter “instant civil engineering design service contract,” and the term “instant construction design service contract” in common with the “instant construction design service contract,” respectively, “each service contract of this case”) are separate value-added tax of KRW 36,50,000 for total price, and the down payment of KRW 18,000 for down payment,00,000 for the remainder at the time of the contract, 18,500.