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(영문) 서울고등법원 2020.01.09 2019나2019717
용역비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

Basic Facts

The plaintiff is a juristic person established for the purpose of design services and supervision services of buildings, and the defendant is a juristic person established for the purpose of real estate development and investment business.

1. The conclusion of the first service contract and the preparation of the letter of commitment to the payment of this case

1. Construction of a title: Safety-based Dymsi-si working design services for a canal well-being;

2. Location of a building site: A worker of Ansan-si C.

3. Design outline 1) Site area: For the purpose of 11,81 square meters (4,425 square meters): A detached house (the construction plan of the instant project under the first service contract for another canal well-43 households) was divided into 43 parcels of land, but was changed on August 3, 2016 to divide it into 39 parcels of land; hereinafter the same was changed on August 3, 2016): The number of floors, other than reinforced concrete structure, is based on the business plan of the business owner, and the said design outline on the first floor and the second floor (4,425 square meters): The scope of services is based on the project plan of the business owner, and may change according to the progress of design and consultation.

5. Service period: From the contract date to the completion of working plans.

6. Contract amount: Article 3 (Scope of Services) (hereinafter referred to as “Price Standard”) of the 280,000,000 won (hereinafter referred to as “VAT Map”) (hereinafter referred to as “the scope of Services”) provides to the Defendant is as follows:

- Scope of duties - Analysis of the current status of site and review of relevant regulations - Preparation of the placement plan according to the land use plan - Preparation of a site and complex development plan (including the labelling plan) - pedestrian/vehicle line and parking plan - including the development and entry of house proto-to-house household plans - structural design and structural safety verification - Management and design work in the field of ENG cooperation (mechanic, machinery, electricity/communication, fire-fighting, landscaping), and construction authorization and permission - Preparation of specifications - Work related to support work in accordance with the rental of building authorization and permission - Article 4 (Methods of Calculation and Payment of Service Expenses) of Housing Cost Design (2) - Calculation and method of calculation of service costs.

Provided, That on-site conditions and design conditions shall be special or work.

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