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(영문) 대구지방법원 2016.07.13 2015가단105510
용역비
Text

1. Defendant B’s KRW 37,800,000 as well as 6% per annum from August 22, 2014 to April 20, 2015 to the Plaintiff.

Reasons

1. The Plaintiff, which is the premise of the dispute, is an architect who conducts the architectural design business.

D around June 2014, around 2014, purchased 98 square meters (hereinafter “instant land”) from the Plaintiff, and proposed the Plaintiff to newly build and sell two units of land on the same ground. The Plaintiff introduced the said project to Defendant B, and D introduced the said project to Defendant C and F.

Ultimately, Defendant B and D, Defendant C, and F entered into a trade agreement with Defendant B to bear 1/2 of the total cost, including land purchase cost and construction cost of a new building, and 1/2 of the remainder cost, and to distribute profits from the sale of a new loan in one-half each (1/2 of the profits from the sale of a new loan (hereinafter “instant trade agreement”).

On July 21, 2014, the Plaintiff entered into a building design contract stipulating that the contract amount of KRW 37,800,000 for one unit among Defendant B and two Dongs on the instant land (hereinafter “instant design contract”). After designing a building in accordance with the said design contract, the Plaintiff filed an application for a building permit under the name of Defendant B with the Daegu Gun Office on August 5, 2014, and obtained the building permit from the said Gun Office on August 21, 2014.

In addition, the Plaintiff: (a) designed a building with respect to the remainder of one building among two roads on the instant land; and (b) applied for a building permit under the name of the Defendant C to the Daegu-gun District Office on August 5, 2014; and (c) obtained the building permit from the said Gun Office on August 21, 2014.

On December 23, 2014, Defendant C terminated the instant partnership agreement with Defendant B on behalf of D and F, and agreed to settle the following matters:

- Defendant B shall refund 124,00,000 won out of the total amount of sales contract and intermediate payments (150,000,000 won) invested by Defendant C in cash.

- At the same time, the defendant C shall deliver to the defendant B (or to the person designated by the defendant B) the documents necessary for the alteration (or cancellation) of the decision of building design permission applied under the joint name for the land of this case.

- above.

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