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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a person operating a certified architect office in the name of D, and the Defendants requested the Plaintiff to design a building to be constructed on the ground, including approximately KRW 741 square meters, such as approximately 731 square meters, etc. (hereinafter referred to as “the above E land”) in Yongsan-gu, Yongsan-gu, Seoul Metropolitan City, where the Defendants owned one-half equity shares, and around November, 2012.
B. On November 5, 2012, the Plaintiff entered into a building design service contract (hereinafter “instant design contract”) with the Defendants, where the construction name F Multi-household Housing Construction Corporation (hereinafter “instant construction”), the fourth-story housing on the ground of concrete tanks adjacent to the buildings (hereinafter “instant housing”), approximately KRW 361.70 square meters, and the total floor area of approximately 1,075.84 square meters (the building area at the time of the construction permission thereafter was reduced to 360.05 square meters, and the total floor area was reduced to 941.79 square meters, respectively).
C. The design contract of this case prepared on the basis of the form of the “Standard Contract for Building” (No. 2009-1092 of the Ministry of Land, Transport and Maritime Affairs Notice No. 2009-1092) includes the following provisions in relation to the scope of business operations under the design contract of this case and the method
- Article 3 (Scope, etc. of Contracts) - (1) The scope, etc. of contracts shall be determined by referring to the "Scope of construction design duties and quality standards table" in attached Table 1.
(2) Detailed matters necessary for design work, such as the preparation of a work completion book and a building management ledger, shall be determined by consultation between “A” and “B”.
Article 4 (Methods of Calculation and Payment of Price) (1) The standards and methods for calculation of the price for design affairs shall be determined through consultation between "A" and "B in accordance with on-site conditions and design conditions, referring to attached Table 2.
(2) The price for the design business may be paid in lump sum, or in installments.
(3) In principle, when the price is paid in installments, the time of payment and the amount to be paid shall be determined as follows: