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(영문) 서울남부지방법원 2015.12.11 2015가합103327
설계용역비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company running the design and general supervision business, and the Defendant Cooperative is a regional housing association established pursuant to the Housing Act to build apartment houses (hereinafter “instant apartment houses”) in the Hanyang-dong 388-1 Man-dong, Ansan-gu, Annyang-si, Annyang-si, which obtained authorization for establishment on May 25, 2009. The rules determined that the Defendant Cooperative succeeds to the effect of contractual acts and other business activities performed by the Defendant Cooperative prior to the establishment authorization of the promotion committee.

(Article 3 of Addenda to the Code). The design contract for the building

1. Total amount of remuneration for business;

(a) Total amount of design service cost: 459,200,000 won;

(b) Where there is an increase or decrease in the size at the time of authorization, it shall be the final settlement key at the time of receipt of approval for use;

3. Method of payment of remuneration for business affairs;

(a) Total design service cost (100%) : 459,200,000 won;

B. Method of paying design service cost (1) = 137,760,00 won at the time of the completion of construction deliberation (20%) = 91,840,00 won at the time of completion of construction approval (20%) = 91,840,00 won at the time of completion of construction approval (20%) = 91,840,00 won at the time of supply of shop design (20%) = 91,840,00 won at the time of application for usage inspection.

Provided, That the case due to the plaintiff's grounds for disqualification may not be paid.

B. On August 25, 2006, the Plaintiff entered into a contract with the Defendant Partnership Promotion Committee and the design service cost of KRW 459,200,000 on the condition that the Plaintiff will undertake the design work regarding the instant collective housing (hereinafter “instant design contract”). The instant design contract included the following matters:

[Reasons for Recognition] Unsatisfy, and each number of Gap evidence 1 to 3 shall be included, below.

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