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(영문) 서울중앙지방법원 2013.08.28 2012가단192392
위약금 등
Text

1. The Plaintiff (Counterclaim Defendant)’s principal claim against the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim.

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;

A. The Plaintiff is a company established for the purpose of construction business, manufacturing business, model production, design service, supervision service, etc., and the Defendant A is a person who operates the industrial design service business under the trade name of “C,” and the Defendant B is a member of the Defendant C, who takes charge of the duties under the design service agreement concluded with the Plaintiff as seen below.

B. On March 2012, the Plaintiff entered into a contract with a consortium consisting of five companies, including Police Officers D, regarding design services and real model production of public facilities, such as indoor performance halls in the F Park, which the above consortium constructed in the former North Korean territory E.

After that, on March 21, 2012, the Plaintiff entered into a design contract with Defendant A to the effect that the Plaintiff subcontracted the interior design service for the above construction work to Defendant A. The main contents of the contract are as follows.

(A) The term “A” and “B” refer to Defendant A; hereinafter the term “instant design agreement”). (1) The period during which design service is performed shall be from February 25, 2012 to April 30, 2012, and may be adjusted through mutual consultation.

(2) The scope of service: The service cost for the basic design and the working design for interior works within the extent agreed upon by the ordering agency and the Plaintiff shall be KRW 44 million (including value-added tax; hereinafter the same shall apply). The service cost shall be KRW 13.2 million which is 30% per annum after the conclusion of the contract, KRW 17.6 million which is 40% per annum after the delivery of the basic design for the first time, and KRW 13.2 million which is the remainder of 30% after the delivery of the final design.

(4) A supply list: A3 outputs of design drawings, sampling sites and spectrums, and CD-RM containing the above data (hereinafter referred to as "accuracys"). (5) When a contract is modified due to a large-scale design change, natural disaster, or any other force majeure event, such as natural disaster, etc., or when reasonable grounds exist to extend the contract period, A and B shall enter into a contract in consultation with each other.

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