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(영문) 대구지방법원김천지원 2019.04.04 2018가단3300
건축설계대금 이행
Text

1. The Defendant shall pay to the Plaintiff KRW 46,80,000 and the interest rate of KRW 15% per annum from July 19, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On January 12, 2017, the Plaintiff entered into a building design contract (hereinafter “instant one contract”) with respect to the construction work of construction work of construction work of construction work of construction work of construction work of construction work of construction work of construction work of construction work of the old-si D land (hereinafter “instant construction work”) in the old-si area (hereinafter “instant construction work”). On April 2017, the Plaintiff entered into a design contract with E (hereinafter “instant second contract”) with E as the same content as the instant one.

On August 31, 2017, with respect to the instant construction project, the Plaintiff and the Defendant entered into a design contract with the effect that the design price shall be KRW 63,800,000,000, as stated in the instant contract, and KRW 11,000,000, out of the remainder of the design price, shall be offered to Co., Ltd. under the instant contract; and KRW 6,000,000,000, out of the remainder of the design price, prior to receipt of the commencement report, and KRW 26,80,00,000, prior to receipt of the commencement report, and KRW 26,80,000,00 shall be paid respectively by the Defendant (hereinafter “instant third contract”).

B. On August 31, 2017, the Plaintiff provided the Defendant with the entire design drawings according to the instant contract under Article 3.

C. On March 20, 2017, the Gu-U.S. Si made a construction permit by designating C as the owner of the instant construction project as the owner.

After that, on April 7, 2017, the report on the change of the construction participant to E was completed with respect to the instant construction project, and on September 4, 2017, the report on the change of the construction participant to change the owner to E was completed.

The Defendant paid KRW 6,00,000,000 on July 14, 2017 as the design price for the instant third contract and KRW 5,000,000 on August 25, 2017.

E. On May 2018, the Defendant completed the report on the change of the designer of the instant construction from the Plaintiff to another person.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 17, Eul evidence 1 to 23, the purport of the whole pleadings

2. Determination

A. First of all, the determination on the cause of the claim.

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