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(영문) 서울중앙지방법원 2017.09.05 2017가합505808
계약금 반환
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 640,00,000 to the Defendant (Counterclaim Plaintiff) and its amount from March 29, 2017 to September 5, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 2016, the Plaintiff entered into a design service contract with the Defendant (hereinafter “instant contract”) (hereinafter “instant construction contract”) (hereinafter “instant construction contract”) and with respect to the construction work that newly constructs the first underground floor and the fourth floor complex apartment house with the fourth floor above ground (hereinafter “instant new construction work”) from the execution date to the completion date of use approval.

The main contents of the instant contract are as follows.

Article 3 (Scope of Services) The duties commissioned by the plaintiff to the defendant shall be as follows:

(1) Planning and design.

(a) Analysis of the current status of housing sites, formulation of a concept of design, legal analysis, and schedule plan;

(b) Sectoral system review;

(c) regular review related to authorization and permission;

(d) Survey and review of various infrastructure. (2) Interim design (preparation/Implementation of design drawings necessary for the progress of authorization and permission);

(a) Preparation of architectural, district office (including structural calculations), machinery, electricity, information and communications, fire fighting, civil engineering, and landscaped books;

(b) Plans for placement, deliberation, entrance, cross-section, etc.;

(c) Review of energy-related certification and permission.

(a) Permission for development / Permission for conversion;

(b) Building deliberation/approval of project plan;

(c) Energy conservation plans;

(d) Performance assessment of eco-friendly housing;

(3) At the time of receipt of 285,00,000 business plan when the master plan for construction becomes final and conclusive at the time of conclusion of a service contract with no percentage of won, 285,000,000, 15% of the total construction cost is 15% of the total construction cost.

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