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1. The Defendants jointly and severally agreed to the Plaintiff KRW 132,352,60, and 5% per annum from June 26, 2015 to July 19, 2016.
Reasons
Basic Facts
On June 18, 2014, the Plaintiff entered into a design service contract (hereinafter “instant contract”) with the Defendants for the construction of a building E (hereinafter “instant construction”).
Among them, the main contents are as follows:
Article 2 (Area and Period of Contract): Article 4 (Methods of Calculation and Payment of Price) from June 2014 to October 2014 (Methods of Calculation and Payment of Price) ② The price for the design business may be paid in lump sum or in installments.
(Omission) Section 14 (Cancellation or Termination of Contract) of Map 14 (A) of the base rate (%) between 20% and 46,000,000 and 30% at the time of non-fixed contract, 30% at the time of completion of permission 69,000,000 69,000 per cent at the time of completion of work 100 per cent 230,000 per cent at the time of completion of work (100) 230,000,000 and 100 per cent at the time of completion of work.
4. Where it is difficult for Gap to perform his/her duties because he/she fails to provide materials necessary for performing his/her duties as Eul, Article 15 (Indemnification) and Eul may claim compensation for damage to the other party, if the other party causes damage due to the change of the contract under Article 10 (2), rescission or termination of the contract under Articles 13 and 14, or violation of the contract;
Article 17 (Payment of Price in Case of Suspension of Design Business) (1) Where all or part of the design business has been interrupted under Articles 13 and 14, A and B shall pay the price for the design business already performed.
At the time of concluding a contract, the Plaintiff received 40 million won as part of the down payment from the Defendants.
【Ground of Recognition” without any dispute, Gap 1 and 2 evidence, and the purport of the entire pleadings are asserted by the plaintiff. ① Since the contract of this case was terminated due to a cause attributable to the defendants, the defendants shall compensate the plaintiff for damages in accordance with Article 15 of the contract of this case, or pay compensation for the design work already performed in accordance with Article 17 of the contract of this case.