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(영문) 서울고등법원 2017.01.17 2016나2037844
설계비 등 지급청구
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff and Defendant B, around July 201, entered into the previous design and supervision contract, etc. and two parcels, including Pyeongtaek-si D, around July 201 (hereinafter “instant land”).

64) Urban residential housing on a scale of 64 households to be constructed (hereinafter referred to as “instant building”).

The design and supervision contract was entered into.

Of the parts related to this case are as follows:

Design and Supervision Contract

4. Design cost of contract amount, value-added tax: The supervision cost of KRW 60,00 per square meter: it shall be based on the supervision rate of the construction supervision and operation council for the construction works in the Pyeongtaek area.

Terms and Conditions of Contracts

1. The construction cost of the office building in the 12th floor of the Plaintiff’s 12th floor shall be at least three million won per square year.

2. A final fixed design and supervision costs shall be settled from the total amount of the construction cost of a building, and a separate settlement shall be made in cash after the approval for use of the building is disposed of;

2) The design drawings according to the above design and supervision contract (hereinafter “instant design drawings”) to Defendant B around that time.

(3) On October 12, 201, the Plaintiff and the Defendants obtained a building permit from the head of Pyeongtaek-si in relation to the instant building.

B. On April 2, 2012, the Plaintiff and the Defendants entered into the instant design and supervision contract, specifying the contract amount, and entered into a design and supervision contract with the following contents:

(hereinafter “instant design contract” and “instant supervision contract”). Design contract

4. Special terms and conditions concerning the contract including the amount of the contract, the amount of which is calculated,00,000 won (59,790,000 won).

1. The construction cost of the office building in the 12th floor of the Plaintiff’s 12th floor shall be at least three million won per square year.

2. A final fixed design and supervision costs shall be settled from the total amount of the construction cost of a building, and a separate settlement shall be made in cash after the approval for use of the building is disposed of;

Supervision Agreement

4. Contract amount: Value-added tax of 23,240,000 won (23,240,000 won) per day; and

C. The Defendants’ design fees are paid.

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