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(영문) 수원지방법원 2015.08.27 2014가합13092
설계용역비
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. On January 18, 2011, the Defendants and the New king Construction Co., Ltd. (1) concluded a contract for each construction work that newly constructs an I factory (hereinafter “the instant I factory”) at the New king Construction Co., Ltd. (hereinafter “New Subdivision Construction Co., Ltd.”) and the New Doking Construction Co., Ltd., Ltd. (hereinafter “New Subdivision”) at the cost of construction KRW 962,500,000 (including value added tax) at the cost of construction of the G factory at the Y and the Hasung-si Construction Co., Ltd. (hereinafter “the instant I factory”) at the 979,000,000,000 won (including value added tax) for each construction work (hereinafter “the instant G construction work,” and “the instant I new construction work”). Defendant B concluded a contract for the new construction of the NE and the new construction of the NEN facilities at the J. P. (hereinafter “the instant neighborhood facilities”).

3) From each of the above contracts for construction works, new king decided to undertake construction works by entrusting both design, supervision, and development of underground water. B. The Defendants and K entered into a design service contract and the design service contract related to the instant G G construction project and the Defendants and K performing said contract entered into a design service contract with K to provide design services at KRW 9890,000 with respect to the instant new G construction project (hereinafter “the instant contract”).

Accordingly, K or the Plaintiff prepared the basic design for the application for building permission on behalf of the Defendants, and applied for building permission on behalf of the Defendants. On January 13, 2010, K or the Plaintiff obtained the building permission for the instant G newly built construction from the mayor of the chemical market.

2) The conclusion of the design service contract related to the instant I New Construction, and the Defendants, and K, around December 2009, entered into a design service contract with K to engage in design services with respect to the instant I New Construction Works at KRW 9.89,000 in service cost (hereinafter “four-party contract”).

Accordingly, K or the plaintiff has the basic design for applying for a building permit.

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