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(영문) 창원지방법원 2017.11.16 2017나2988
설계대금 청구
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. On April 2016, the Plaintiff received respectively a request from the Defendant for authorization and permission related to the construction of a Class II neighborhood living facility (hereinafter “D”) on the ground of Jinju-si, Jinju-si, Seoul Special Metropolitan City (hereinafter “C”), and around August 2016, the fact that the Plaintiff performed the same upon receipt of each request for authorization and permission related to the construction of a Class II neighborhood living facility (hereinafter “D”).

2. Determination as to the cause of action

A. The Plaintiff’s claim for design price related to C is that the Defendant would pay KRW 10,000,000 as design price for the Plaintiff’s work of granting authorization and permission related to C’s ground detached construction without dispute among the parties, and the Defendant is obligated to pay KRW 10,000,000 as design price for C’s construction.

B. The Plaintiff asserted that the Plaintiff agreed to grant the authorization and permission related to the construction of Class II neighborhood living facilities on the ground D and to receive KRW 4,000,000 as the design price from the Defendant. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendant agreed to pay the design price for the D construction exceeding KRW 1,50,000,000, as the Defendant was the applicant, and there is no other evidence to acknowledge otherwise, the Plaintiff’s claim is reasonable only within the scope of KRW 1,50,000,000.

Therefore, the defendant is obligated to pay the plaintiff KRW 1,500,000 for the design of D Corporation.

C. In conclusion, barring special circumstances, the Defendant, at KRW 11,50,000 for each of the above design charges (i.e., KRW 10,000,000 for each of the above design charges (i.e., KRW 15,500,000 for the Plaintiff and KRW 5,500,000 for the remainder after deducting KRW 6,000 for the Plaintiff to whom reimbursement was made (i.e., KRW 11,50,000 for the - 6,00,000 for the delivery of the original copy of the instant payment order), and barring special circumstances, to dispute over the existence and scope of the Defendant’s performance order from November 29, 2016 to November 16, 2017, as well as from the following day, to the date of full payment, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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