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(영문) 제주지방법원 2016.02.18 2014가합6448
손해배상(기)
Text

1. The Defendant’s KRW 30,657,469 and the interest rate of KRW 15% per annum from December 2, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. On January 2, 2014, the Plaintiff entered into a design service contract (hereinafter “instant contract”) with the Defendant to run a business that constructs a housing complex B in Jeju Island (hereinafter “instant business”).

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

Contract amount: 60,000,000 won (Additional Tax Map) The period for performing design service shall be from the contract date to the time of delivery of the permitted books of the building and the starting books.

Article 3 (Scope of Services) The scope of services to be rendered by the Plaintiff to the Defendant is as follows:

- On-site answers and basic surveys - - 3 on- 40 on- 40 on- 50 on housing design design - 60 on- the basic design, the preparation of building drawings, the preparation of working drawings, the preparation of shop drawings - on- the construction plane, the entrance surface, the preparation of design books (including machinery, electricity, facilities, structures, etc.) - three on-site visits at the Jeju site site, and the results of the services provided by the Plaintiff to the Defendant at the request of an additional site visit are as follows:

- Part 1 (A3) CAD FILE - Part CAD FILE (for owners) - Part 2 (A3) of the starting drawings for construction works (one copy for owners, one copy for construction works) CAD FILE (one copy for construction owners), Article 4 (Calculation and Payment Method for Service Costs) 2) The cost for design works may be paid in lump sum, in installments or in installments.

3. In principle, when the price is paid in installments, the time of payment and the amount of payment shall be as follows, but additional adjustment may be made through consultation between the plaintiff and the defendant:

Articles 14 (Cancellation of Plaintiff’s Contract) (1) and 33% for each additional tax of KRW 20,000,000 for each tax of KRW 33% for each tax of KRW 33% for each tax of KRW 20,000 for each tax of KRW 33% for each tax of KRW 60,000 for each tax of KRW 100 for each tax of KRW 60,000 for each tax of KRW 100 for each tax of KRW 20,00 for the supply of the construction permit.

1. The defendant interferes with the plaintiff's business or delays the payment of the price.

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