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(영문) 전주지방법원 2017.01.10 2016가단9911
건축설계수수료
Text

1. The Defendant shall pay to the Plaintiff KRW 22,470,00 and the interest rate of KRW 15% per annum from October 18, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant concluded a construction design and construction supervision contract for the extension and substantial repair work of the “the first floor above the third floor above the ground and the third floor building above the third floor above the third floor in the Jeonjin-gu, Seoul Special Metropolitan City,” which is owned by the Defendant (hereinafter the above building and construction referred to as the “instant building and construction work”), as indicated in the following table:

(hereinafter below design contract, 1,2, and 3 modified contract, and supervision contract, each of the instant design contract and modified contract, and supervision contract (hereinafter “instant design contract, supervision contract”). The design standard contract (in addition, 50,000 won) No. 1 and No. 2,4970,000 won on February 10, 201, 201 and No. 2, 500,000 won on April 15, 201, the design standard contract (the first modified contract) No. 3-1 and No. 4 design standard contract (the second amended contract) No. 3-2,50,000 won on July 5, 201 (the second amended contract) No. 350,00 won on April 20, 201, the sum of Gap’s design standard contract No. 4374,30,000 won (the third amended contract) No. 3505, Oct. 4, 2011.

B. The instant extension corporation was completed on November 25, 201 and completed the approval for use on the following grounds: (a) the modification of the said three times was completed; and (b) the approval for use was completed.

C. Meanwhile, with respect to the instant design contract and modified contract, supervision contract, etc., the Defendant paid KRW 22 million to the Deceased on June 14, 201, KRW 1,600,000,000 to the Deceased on December 13, 201 of the same year, and KRW 4 million on September 2, 2013. Moreover, at the time of the said design contract, the Defendant paid KRW 22,00,000 to the Deceased as the down payment.

On September 16, 2014, the Deceased died, and on March 20, 2016, the inheritors of the Deceased agreed that the Plaintiff, the wife of the Deceased, on his own inheritance of the claim against the Defendant due to the instant design contract, modified contract, and supervision contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 16 (which include each number; hereinafter the same shall apply), the purport of the whole pleadings is to dispute the establishment of the authenticity of Gap evidence Nos. 1 through 3.

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