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1. The plaintiff's appeal is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Defendant is a contractor and seller who is in charge of a new construction of DNA apartment (hereinafter “instant apartment”) located in Seo-gu, Daejeon and ten parcels (hereinafter “instant apartment”). The Plaintiff is a certified architect who engages in a construction design business, etc. with the trade name “E certified architect office,” and entered into a design service contract with the Defendant for the instant construction project.
B. On October 31, 2007, F, the first contractor, obtained the approval of the project plan by making the wide width of the road near the apartment complex of this case 15 meters and the wide size per household 34 square meters. On July 11, 2008, F, the first contractor, obtained the approval of the alteration of the first project plan (hereinafter “instant approval”), and thereafter transferred all the rights related to the instant construction to the Defendant.
C. On June 9, 2011, the Defendant entered into a design service contract regarding the instant construction project (hereinafter “instant contract”) with the Plaintiff on the following grounds, in order to modify the design by changing the size per household of the instant apartment from 34 square square to 24,28 square meters.
(1) The service period: The service period for the design service shall be from the working design to the completion date after the work design.
(2) The scope of services provided by the plaintiff to the defendant is the scope of services provided by the plaintiff to the defendant under Article 2 (2) of the contract of this case.
(3) The calculation and payment method of service costs shall be based on the remuneration standards.
In case of installment payments of remuneration, the payment timing and amount of payment shall, in principle, be implemented as follows, but may be adjusted in consultation with the plaintiff and the defendant:
(Article 4). The payment time amount of 70,000,000 Won VAT separate project approval (a contract receipt) shall be less than 70,000,000 won after the project approval.