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(영문) 부산고등법원 2020.04.22 2019나53115
설계용역비
Text

1. The part against the defendant in the judgment of the court of first instance, which orders payment below, shall be against the plaintiff.

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1, 2, 9, 10, 16, 17, 20, 21, 28, 29, 48 (including the branch numbers in the absence of special indication), Eul evidence Nos. 1 and 6, and the whole purport of the pleadings.

The Plaintiff is a corporation that performs various design and supervision of buildings, etc., and the Defendant is an association established on February 12, 2008 by obtaining authorization for the establishment of a housing redevelopment improvement project (hereinafter referred to as “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) on the area of 66,667 square meters in Busan-gu, Busan-gu, Busan-do.

B. On July 25, 2006, the Plaintiff entered into a design service contract concerning the application, etc. for design and project implementation authorization necessary for the instant project (hereinafter “instant original contract”) with the committee for promotion of the establishment of the B Housing Redevelopment and Improvement Project (hereinafter “Defendant Establishment Promotion Committee”), and the main contents of the said contract are as follows.

A design service contract (party to a contract) The Chairperson of the Promotion Committee for the Establishment of the Association for the Development and Improvement of B Housing Redevelopment Project (hereinafter referred to as the "A") shall enter into a service contract as follows and faithfully implement and cooperate with all the matters in accordance with the mutual trust principles for the successful implementation of the project in order to entrust the design business to G representative director of the Fund (hereinafter referred to as "B"):

(Indication of Design Services)

1. Title of service contract: Construction and design services for the redevelopment and rearrangement project of B houses;

2. Location of a building site: I member located in H in Busan Special Metropolitan City, J.

3. Site area: 65,400 square meters.

4. Total floor area: 206,851.46 square meters;

5. Use/structure: Apartment houses, commercial buildings and accessory/welfare facilities / built of reinforced concrete.

6. Service period: From the contract date to the establishment of the association.

7. The amount of contract: the total amount of construction;

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