(영문) 서울북부지방법원 2017.02.07 2016나903

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2017.02.07 2016나903

건축설계비

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.

Reasons

1. Facts of recognition;

A. On December 27, 2013, the Defendant: (a) concluded a contract with the Plaintiff operating B architect office on the Gyeonggi-gun C’s land (hereinafter “instant factory”); and (b) concluded a contract with the Plaintiff on January 27, 2014, stipulating that the design business relating to a factory to be newly built on the Gyeonggi-gun C (hereinafter “instant factory”); and (c) the contract is to be awarded to the Plaintiff on January 27, 2014 (hereinafter “instant contract”); (d) the down payment of KRW 3.6 million (excluding value-added tax) shall be paid after the conclusion of the contract; (e) the intermediate payment of KRW 4.8 million (excluding value-added tax) shall be paid before the receipt of the permission from the government office; and (e) the Plaintiff received down payment of KRW 3.9.6 million from the Defendant around that time.

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

Article 8 (2) The plaintiff shall submit to the defendant the completed design documents (three copies).

Article 11 (2) If the plaintiff fails to complete his/her business within the agreed period, the penalty for delay equivalent to 2.5/1,000 of the price for each one day of delay shall be paid to the defendant.

Article 13 (1) In any of the following cases, the defendant may terminate all or part of the contract:

1. Where it is impossible for the Plaintiff to perform the contract due to a disposition suspending transactions, default on bills and checks, compulsory execution against the disposition of provisional seizure by a third party, declaration of incompetency and quasi-incompetency, or application for company reorganization, etc.;

2. Where the Plaintiff transfers contractual rights or obligations without the consent of the other party;

3. Where the execution of a contract is impossible due to death, disappearance, disease, or any other cause or event.

(3) Where the grounds for termination under the subparagraphs of paragraph (1) arise, the plaintiff shall promptly notify the defendant thereof.

(4) When the defendant intends to cancel the contract pursuant to paragraph (1), he/she shall do so.

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