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(영문) 서울고등법원 2017.05.19 2016나2060585
용역비
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the counterclaim filed by the Defendant (Counterclaim Plaintiff) in this court are dismissed.

Reasons

1. Facts of recognition;

A. H and the Defendants concluded a building design agreement with the following content on October 21, 2009.

1. Design contract title: New construction works of Kdong neighborhood living facilities;

3. A building site: Between Jung-gu Incheon Metropolitan City I and nine lots of land, 29,783 square meters (hereinafter referred to as “instant land”)

(2) 2) Use: The total floor area of 5,049.00 square meters (around 1,527.00 square meters) shall be 5,049 square meters (around 1,527.00 square meters).

4. Contract amount: The scope of services provided by the Defendants to H under Article 3 (Separate Table of Value-Added Tax) of the same Act shall be the work of preparing basic plans, working plans (civil works, construction works, electricity, machinery), and other design documents necessary for the execution of construction works for the construction of a building;

Article 4 (Calculation and Payment Method of Service Fees) (2) The remuneration for the design work may be paid in lump sum or in installments.

3. In the case of payment in installments, the time of payment and the amount of payment shall be 23% 60,000,000 at the time of the original service contract for the payment that the payment will be made as follows: 57% 150,000,000 at the time of the pre-use inspection, 20% 54,000,000 at the time of the pre-use inspection, but may be adjusted through consultation between the parties:

Article 9 (Preparation and Submission of Design Documents) (2) The Defendants shall prepare three copies of the completed design documents as the office room and submit them to the deceased.

(3) Design documents referred to in paragraph (2) may be prepared and submitted in magnetic diskettess, optical diskss, microfilms, etc., and shall be prepared to ensure that the contents to be recorded shall not be modified at will.

Article 18 (Payment of Remuneration in Case of Suspension of Design Work) (3) In case where the whole or part of the design work has been interrupted due to a cause attributable to the Defendants, H shall refund the remuneration already paid to the Defendants.

Article 3 (Scope of Services) The scope of services provided by the Defendants shall include basic design drawings, actual facility drawings (civil engineering, building, electricity, machinery), and other design drawings necessary for the execution of construction works.

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