(영문) 서울동부지방법원 2019.07.19 2018가단122367

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(영문) 서울동부지방법원 2019.07.19 2018가단122367

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 30, 2017, the Plaintiff entered into a contract for the design supervision of buildings (hereinafter “instant design supervision contract”) with the Defendant on the basis of the contract amount of KRW 158,00,000,00 (design service cost of KRW 112,00,000,000, and supervision service cost of KRW 46,00,00,000) to entrust the Defendant with the preparation of basic design drawings, working design drawings, and other design drawings and specifications necessary for the construction of buildings, and all authorization and permission affairs incidental thereto, in order to newly construct neighborhood living facilities and multi-household houses on the ground of Seoul Central-gu C, C, D, and E.

Article 2 (Period of Service) The period for performing design service shall be from November 30, 2017 to the date of approval for use.

Article 4 (Calculation of Service Fees and Method of Payment) (1) The calculation criteria and method of service fees shall be based on the remuneration criteria.

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

(2) The payment period and amount of service costs shall, in principle, be as follows, and may be adjusted through consultation with the plaintiff and the defendant according to circumstances:

Article 18 (Payment of Remuneration for Discontinuance of Design Work) (1) Where all or part of the design work has been interrupted due to a cause attributable to the Plaintiff, the Plaintiff shall pay remuneration up to the time when the design work already performed by the Defendant was interrupted, until the time when the said work was interrupted.

(2) Remuneration for duties performed by the time of suspension shall be computed based on the remuneration standards.

(3) Where all or part of the design business has been interrupted due to a cause attributable to the defendant, the remuneration already paid by the plaintiff shall be refunded.

B. The Defendant received the down payment of KRW 48,200,000 from the Plaintiff based on the instant design supervision contract.

유사 판례

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