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(영문) 부산지방법원 2018.09.06 2017나53798
용역비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On August 3, 2006, the Plaintiff, a company operating a building design business, etc., and “the committee for promotion of the establishment of a housing redevelopment project association in the Seocho-type Reserve-1 Zone (hereinafter “instant promotion committee”)”, which was promoted by the instant promotion committee on August 3, 2006, prepared and submitted various design duties and application documents related to the authorization and permission (hereinafter “instant project”) by the Plaintiff, as well as the design contract for the building (hereinafter “instant contract”) under which the Plaintiff would receive KRW 474,964,00 as the design service cost.

(A) concluded the Agreement.

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

Article 4 (Method of Payment of Service Fees) (1) The calculation basis and method of service fees shall be based on the remuneration standard.

Provided, That where on-site conditions and design conditions are added to affairs specially under special conditions, "A (the Promotion Committee of this case)" and "B (Plaintiff)" shall be determined through consultation.

(2) In principle, the timing and amount of the payment of service costs shall be as follows, but additional adjustment may be made in consultation between "A" and "B":

Classification Ratio

(a) 20% of the total contract amount at the time of the contract;

(b)20 per cent of the total contract amount at the time of application for district designation;

(c) 20% of the total contract amount at the time of receipt of construction deliberations;

(d) 15 percent of the total contract amount when applying for authorization for project implementation;

(e) 15% of the total contract amount when the execution design documents are delivered;

(f) 10% of the total contract amount (at the time of application for an inspection of use) (3) “A” shall pay the service cost to “B” after the establishment of a funding plan from the contractor after the selection of the contractor.

Article 16 (Payment of Price in Case of Suspension of Design Work) (1) Where all or part of the design work has been interrupted due to a cause attributable to “A”, “A” shall pay the price for the design work already performed by “B” until it has been interrupted.

(2) The consideration for duties performed by the time of suspension shall be paid.

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