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(영문) 서울동부지방법원 2015.04.30 2014가단41279
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 43,890,000 as well as 20% per annum from August 28, 2014 to the day of complete payment.

Reasons

. Facts of recognition.

A. On September 9, 2009, the Defendant purchased from Ansan-si 340 square meters for the same year from Ansan-si.

9. 25. The registration of ownership transfer was completed;

B. Meanwhile, on September 14, 2009, the Defendant entered into a design and supervision service contract with the Plaintiff, and the relevant contents are as follows.

A housing site location: A building site area other than the above land: A building area of 51.9 square meters: A building area of 2 stories below ground and 4,145 square meters below ground floor area of 13 stories below ground: A tourist hotel service scope shall be approved of the above project plan, building permission, and design documents necessary for construction: The total supervisory service amount under the Building Act: 120,000 won per square meter and the total supervisory service amount under the Building Act: 25,000 won per square meter: When the approval of the project is completed (including value-added tax): 20% at the time of submission of a document for completion of construction: The remaining amount at 35%: The unpaid amount at 5,00,000 won at the time of the submission of a document for completion of construction: The unpaid amount of permission shall be settled at 5,00,000 won.

Until completion of construction permission, the expected period shall be approximately 2.5 months.

C. On January 28, 2010, the Plaintiff was granted a new permit for the construction of the E tourist hotel with the Defendant as the owner of the building and with the total floor area of 3,141.214 square meters on each of the said lands from the Ansan market.

The defendant submitted a report on the commencement of construction of the above building prepared by the plaintiff to the Gyeyang City Mayor in November 201, in the first order of 2011, and the relevant details among them are as follows:

A scheduled date of commencement: A designer and construction supervisor on November 11, 201: The plaintiff

E. Around June 13, 2012, the Ansan market notified the Defendant of the fact that the Defendant did not commence the construction after filing a report on the commencement of the construction of the above building, and that the hearing shall be held before revoking the construction permit. The Defendant has the same year.

6. 20. The Mayor of Ansan City and the Mayor of Ansan City present their opinion to commence the construction by the end of August 2012, although the commencement of construction has been delayed due to the fact that the financial situation has not run as planned, but the above building has not yet commenced.

[Ground of recognition] The fact that there is no dispute, Gap 1-3, Eul 3, 4, and all pleadings.

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