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(영문) 서울중앙지방법원 2017.04.07 2016가단5171039
계약금 반환 등 청구의 소
Text

1. The plaintiff (Counterclaim defendant)'s main claim is all dismissed.

2. The Plaintiff (Counterclaim Defendant) is jointly and severally liable.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of the building located in Gangnam-gu Seoul Metropolitan Government, and planned to remove the existing ground buildings and construct the new building (hereinafter “instant building”) and use them as the office houses of E Co., Ltd. operated by the Plaintiffs. On April 8, 2016, the Plaintiffs concluded a service contract with the Defendant regarding the design and supervision of the instant building (hereinafter “instant contract”).

B. The main contents of the instant contract are as follows.

Article 2 (Period of Contract and Scope of Business) (1) The defendant shall conduct planning and design of the building of this case, basic design (the drawing of permission), execution design (the drawing of the purpose of construction), and supervision.

(2) Design service period: Article 3 (Calculation of Price and Method of Payment) (1) may be paid in lump sum or in installments at the time when a design contract is concluded or when the working design is supplied.

2. In principle, when the price is paid in installments, the time and amount of such payment shall be determined as follows: Provided, That the Plaintiffs and the Defendant may consult with each other:

When the basic design (50) is completed at the time of completion of the basic design (50), 18 million won at the time of non-fixed-rate contract (excluding value-added tax) payment (30), the basic design (200,000,000 won) is received, Article 7 (Preparation and Submission of Design Documents) separate from value-added tax (100,000) 60,000 won in the time of delivery of the execution design documents (10,000,000 won prior to the commencement of the original construction (10,000,000 won) (1) the defendant shall submit to the plaintiffs a

However, if the plaintiffs additionally request the result, the defendant may claim the relevant expenses against the plaintiffs.

Article 10 (Cancellation and Termination of Contracts by Plaintiffs) (1) The Plaintiffs may cancel or terminate all or part of the contract in any of the following cases:

3. Where it is impossible to execute a contract due to death, disappearance, disease, or any other cause, the Plaintiffs and the Defendant under Article 12 (Indemnification) and the other party to the contract pursuant to Article 9 (2).

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