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(영문) 서울중앙지방법원 2016.01.14 2014가단170136
설계대금
Text

1. The plaintiff's claim against the main defendant corporation is dismissed.

2. Preliminary Defendant Co., Ltd.

Reasons

1. Basic facts

A. On January 30, 2012, the Plaintiff entered into a building service contract (hereinafter “instant service contract”) with the Sungduk Construction Co., Ltd. (trade name before the alteration: the development of Sungduk Industrial Co., Ltd.; hereinafter “Defendant Sungduk Construction”) with the following contents.

- Site location: Guro-gu Seoul Metropolitan Government 75-2 large 618 square meters (hereinafter “instant land”): Construction outline: (1) Use: Class II neighborhood and officetels, urban residential housing. (2) Structure and number of floors: 13 stories above ground 3: steel reinforced concrete, 370.57 square meters below ground (hereinafter “instant building”): (3) Building area: Total floor area: 5,265.04 square meters - Contract amount: 11,00,000 won (excluding value-added tax) - Design period: From January 2012 to 2013.

- Scope of work: Planning work, construction design work (preparation of building deliberation drawings, preparation of building permit design drawings, preparation of design drawings for usage inspection, construction design supervision, dosages) - calculation of service costs and payment method of service costs. The calculation basis and method of service costs shall be based on price criteria.

Provided, That where on-site conditions and design conditions are special or work is added, the parties shall be determined through consultation.

(2) The price for the service completed may be paid in lump sum, in installments, or in installments.

(3) Where the price is paid in installments, the time of payment and the amount paid shall be as follows:

At the time of completion of construction deliberation of KRW 11,00,000 at the time of the design contract for the amount to be paid due to the cause for payment and the timing for payment - KRW 30% at the time of completion of construction work of KRW 20% at the time of completion of construction deliberation of KRW 22,00,000, KRW 10% at the time of completion of construction permission of KRW 11,000 at the time of completion of construction permission of KRW 11,00,000 at KRW 22,00,000 at the time of completion of construction work of KRW 20% at the time of completion of construction, 30% at the time of pre-use inspection of KRW 34,00 at KRW 11,00,000 at the time of completion of construction work of KRW 11,00

- Assignment, modification, etc. of a contract: Defendant Seongdong Construction and the Plaintiff under this contract without the consent of the other party.

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