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(영문) 대전지방법원천안지원 2017.09.15 2015가합101828
용역비
Text

1. Of the instant lawsuit, part of the claim for payment of KRW 3,272,790 and damages for delay from July 13, 201.

Reasons

1. Basic facts

A. On February 28, 2007, the Plaintiff entered into a design service contract (hereinafter “instant service contract”) with the Defendant with respect to the construction of a new apartment (1 and 2 complex) in the Hancheon-si, B (hereinafter “instant construction”) as follows.

- Building scale: 2nd underground floor, 28th floor, 214,430.12 square meters of total floor area (64,864.82 square meters): Services amount: 2,140,500,000 won (2,140,000 won per square year, and the value-added tax is to be linked with total amount due to increase or decrease in the total floor area of construction that is subsequently finalized, and the value-added tax is separate) - Service cost payment method: ① Payment at the time of conclusion of a contract at 30% (the contract deposit may be divided and reserved until the time of the selection of a construction project according to the circumstances of the association) (2) Payment at the time of completion of the plan design: Payment at 15% (2nd): Payment at the time of completion of the plan design. (5) Payment at the time of submission of 15% construction permit: Payment at the time of completion of 30% construction permit.

B. The Defendant obtained the designation of a housing reconstruction project improvement zone on October 24, 2009 from the Yan City, and the A-A-project implementation authorization (hereinafter “A-project implementation authorization”) and building permission on January 11, 2010.

C. According to the project implementation authorization of this case, the total floor area of the instant construction is determined as 294,686.84 square meters (89,142.7691 square meters). Accordingly, the service price of this case was increased to 2,941,71,380 won (89,142.7691 square meters x 33,000 won, value-added tax separately).

On April 27, 2013, the Defendant selected the Dongmun Construction Co., Ltd. as the contractor for the instant construction project.

1. The Plaintiff, with respect to the service cost to be paid by the Defendant, shall pay all interest and damages for delay accrued during the service contract after the service contract.

2. The plaintiff and the defendant confirm that the service cost to be paid by the defendant is a total of KRW 1,461,614,705.

Article 3 (Methods of Payment)

A. The Defendant shall endeavor to preferentially pay KRW 500 million by December 1, 2015.

B. The plaintiff transferred the above money to the court.

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