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(영문) 부산지방법원 2017.11.23 2016가단58887
용역비
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 5,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 6, 2012 to November 23, 2017.

Reasons

1. Facts of recognition;

A. On the ground of Busan Shipping Daegu C, the Defendant (hereinafter referred to as the “instant building”) decided to newly construct neighborhood living facilities and apartment houses with the 1st underground floor and the 9th ground floor size (hereinafter referred to as the “instant building”).

B. On May 201, the Plaintiff entered into a contract with the Defendant to carry out design services on the instant building (hereinafter “instant design contract”) and agreed as follows.

1) Contract amount of KRW 30 million (excluding user inspection agency expenses) of contract area of KRW 10 million (20 million). However, in installments, the Defendant shall pay KRW 10 million when entering into a contract, KRW 5 million before receipt of the start date, KRW 10 million upon completion of the aggregate construction work, and KRW 5 million upon receipt of the usage inspection to the Plaintiff, respectively.

C. Since then, the Plaintiff performed all design services under the instant design contract, and the Defendant obtained approval for the use of the instant building on November 5, 2012.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 3-2, the purport of the whole pleadings

2. The parties' assertion

A. On August 2012, the Defendant requested the modification of design while adding up 901 and 902 of the instant building to a single room. The Plaintiff’s defect that the Plaintiff should bear the additional design cost of KRW 5 million, and the Defendant accepted the additional design cost.

The Defendant is obligated to pay KRW 30 million for design costs under the instant design contract, KRW 5 million for additional design costs due to design modification, and KRW 5 million for additional design costs, KRW 5 million for additional design costs, and KRW 35 million for additional design costs.

The Defendant paid the total of KRW 25 million and KRW 5 million, excluding value-added tax, out of the design cost under the instant design contract and the additional design cost.

The Defendant is obligated to pay the remainder of the design cost to the Plaintiff (i.e., KRW 35 million - KRW 25 million), and the Plaintiff seeks payment through the principal lawsuit.

B. The amount of KRW 25 million asserted by the Plaintiff to be paid to the Defendant is all the design cost under the instant design contract.

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