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(영문) 서울서부지방법원 2019.11.22 2018나37059
손해배상(건)
Text

1. All appeals as to the principal lawsuit and counterclaims by the plaintiff (Counterclaim defendant) and the claims extended and added at the trial of the court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 9, 2015, the Plaintiff: (a) requested the Defendant, an architect, to design the instant building and supervise the construction of the instant building (hereinafter “instant construction”) on the ground of H and I (hereinafter “instant site”); (b) entered into a design contract (hereinafter “instant design contract”) with the Defendant with the following content; and (c) entered into a construction supervision agreement with the Defendant (hereinafter “instant construction supervision agreement”); (d) the main contents of each of the instant contracts are as follows:

(A) A is the plaintiff, and B is the defendant). Design contract

3. Design content: 1) Site area: 475.78 square meters (it may be changed by road iron, etc.).

(b) Use: Neighborhood living facilities, detached house structure 3): 415 square meters (70.54 square meters) in size: 2,415 square meters (7.54 square meters) in size; 475.78 square meters in size (143.92 square meters).

5. Contract amount: Article 2 (Contract Area and Period) (1) of Map 51,00,000 additional tax year : 2,415 square meters (including the entire design area and period in which the contract area are all together): 2,415 square meters (including Saturdays and holidays) (2) of consideration period: 120 days (including Saturdays and holidays) from the following day of the contract: 120 days (including the scope, etc. of the contract) from the following day (attached Table 1) of the design contract of this case; according to the scope of the construction design work and the classification of duties in the quality standard table of the design contract of this case in [Attachment Table 1] of this case;

The scope of construction design work and quality standards table shall be determined by referring to the scope of construction design work and quality standards table.

All matters concerning the building authorization permission;

(b) Affairs concerning the preparation and acquisition of construction-review books (if necessary);

(c) Preparation, etc. of various books for construction;

Article 4 (Methods of Calculation and Payment of Price) (3) When the price is paid in installments, the time and method of payment.

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