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(영문) 서울중앙지방법원 2015.05.21 2013가합560630
용역비
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at design service business, etc., and the Defendant is a company aimed at real estate development industry, etc. (tentative name), and (tentatively named) the Seongdong 6B Area Development Preparation Committee (hereinafter “instant Development Preparation Committee”) is an association consisting of owners of land, etc. in the Namyang-si, Namyang-si, Namyang-si, 590-17, Seoyang-gu, Seoul.

B. On April 18, 201, the Plaintiff sent design-related books to the public design competition of the sub-committee 6B zone in the Mapo-gu Urban Renewal Acceleration District, which was recruited by Namyang-gu, and was encouraged by three-class merchants around April 18, 201.

C. On October 12, 2011, the instant development preparation committee (hereinafter “A”) concluded a design service agreement (hereinafter “instant design service agreement”) with respect to the new design for urban environment rearrangement projects in Taeduk 6B as a designer by the Defendant Company as a PM company (hereinafter “B”), the Plaintiff (hereinafter “C”) and the A architect office (hereinafter “A”) concluded a design service agreement (hereinafter “instant design service agreement”) with the term “from the date of the contract to the date of inspection for use,” and the total contract amount of KRW 3,110,000,000,000, as a designer. The main contents are as follows.

Article 3 (Scope, etc. of Contracts) (1) The scope of services to be provided to Byung and Eul may be performed by Byung on behalf of Byung at the request of the Minister of Land, Transport and Maritime Affairs for an interim design drawing, shop design drawing, and other design documents necessary for the execution of construction work in accordance with the standards for preparation of design documents approved by the Minister of Land, Transport and Maritime Affairs for the implementation of the construction project (hereinafter referred to as "design affairs")

Provided, That expenses incurred in performing the duties by proxy of A shall be settled by mutual consultation between A, B, and C.

(3) The scope of service duties shall be limited to the scope of service in a construction design service contract.

Article 4 (Methods of Calculation and Payment of Service Fees) (1) The amount of lump-sum discrimination payment and the ratio of service fees shall be as follows:

The rate of payment shall be 15% 419,850.850.

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