logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.10.14 2013나79179
손해배상
Text

1.The part concerning the principal action in the judgment of the first instance, including any claims added at the trial, shall be modified as follows:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company with the purpose of the construction design business, etc., and the Defendant is a project implementer for the A Housing Redevelopment Improvement Project (hereinafter “instant rearrangement Project”).

B. 1) During the process of executing the instant rearrangement project, a tendering procedure was conducted for the selection of a designer. The Plaintiff participated in the said tendering procedure and was selected at the general meeting of the Plaintiff’s members on November 19, 2010 as a designer. In addition, the said general meeting of the members of the association (hereinafter “the first draft contract”) with the designer in concluding the contract with the designer.

(2) The scope of services provided by the Plaintiff to the Defendant is as follows.

1. Basic design and implementation design for the construction of buildings;

2. Preparation of design documents necessary for commencement of construction work and execution thereof;

3. Affairs of authorization and permission of the competent authority incidental to design affairs.

4. Various impact assessment, surveys, and authorization and permission for deliberation, such as traffic impact assessment, if necessary;

5. All authorization and permission of business execution plan;

6. Materials, such as various teams, etc. required in the process of authorization and permission, and the printing teams and other materials requested by cooperatives;

7. Design and other work incidental thereto;

8. Business requested by a cooperative;

9. Other affairs related to the design of the redevelopment project, such as the preparation of design documents and the rental business, etc., necessary for the project implementation. (3) Where there occurs an increase or decrease in the area at the time of approving the project implementation, the increase or decrease shall be made by applying the unit price per square meter contracted to the increased or decreased area.

Provided, That in principle, the following shall be implemented, but additional adjustment may be made through consultation with the plaintiff.

(1) 10% at the time of receipt of construction deliberation. 3 10% at the time of completion of construction deliberation. 5% at the time of receipt of project implementation authorization. 6% at the time of completion of project implementation authorization.

arrow