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(영문) 서울중앙지방법원 2018.10.16 2017가합584481
용역비
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The status of the parties 1) Defendant C Co., Ltd. (hereinafter “Defendant C”)

C in Osan-si E (hereinafter referred to as “instant market”).

(2) Defendant B Co., Ltd. (former trade name: F Co., Ltd.; hereinafter “Defendant B”) is a stock company established for the purpose of multi-family housing construction, etc., and Defendant D is the representative director of Defendant C and the chairman of the promotion committee composed of the reconstruction project of the instant market.

3) On June 19, 2012, Defendant D entered into an agency contract (hereinafter “instant agency contract”) with Defendant D to newly construct “G apartment” in the instant market between Defendant B and Defendant B, which delegated consulting, design, etc. on new construction to Defendant B (hereinafter “instant agency contract”).

2) On May 28, 2013, Defendant B related to the reconstruction project of the instant market between the Plaintiff and the Plaintiff on May 28, 2013, as follows (hereinafter “instant first design service contract”).

AB concluded the agreement.

The first design service contract of this case

1. Design contract title: C Commercial complex reconstruction design services;

2. Site location: Osan-si E in Gyeonggi-do.

3. Site area: 17 floors above 4 stories below the ground of 5,976㎡ (1,800 square meters).

4. Use: Sales facilities, officetels and urban residential housing;

5. Total floor area: approximately 56,538.235 square meters ( approximately 17,100 square meters);

6. Contract amount. (1) Total floor area of KRW 1,368,00,000 (excluding value-added tax) for daily gold per trade on a building: Provided, That the final project implementation authorization or permitted area shall be the area;

(b) 1,624,00,000 won (2) 1,624,000 won (2) 1,624,000 won (3) 1,624,000 won

Article 2 (Period of Service) The period for performing design service shall be from the date of conclusion to the date of delivery of construction books.

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