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(영문) 부산지방법원동부지원 2016.12.23 2014가합100077
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of theme park planning and operation agency business, theme park advertising business, etc.

The defendant is a company established for the purpose of interior work business, interior work business, etc.

B. On August 29, 2012, the Plaintiff entered into a lease agreement on the instant commercial building with the Nonghyup Bank Co., Ltd. and the Scbeta Asset Management Co., Ltd. on August 29, 2012 for the purpose of operating a small-sized animal experience type KIKO (hereinafter “KIKO”) on the 12th floor Busan Shipping Daegu B commercial building (hereinafter “instant commercial building”).

C. On October 25, 2012, between the Plaintiff and the Plaintiff, the Defendant entered into a design service contract for the KIKO (hereinafter “instant design service contract”) that the Plaintiff is scheduled to operate in the instant commercial building.

The main contents are as follows:

(A) The design name of the standard design contract for interior construction works in addition to value added tax 10% on the cost of design service:

Article 1 The amount of design remuneration shall be 22,90,000 won per day.

Article 2 Section A shall pay 40% of the design fees under Article 1 as down payment to Section B at the time of conclusion of the contract and pay 60% of the balance at the time of completion of the design.

(See Article 3(5) of the Local Building Association’s remuneration standards. The period for carrying out design duties under Article 3 shall be the day from the date of the contract.

(from October 26, 2012 to November 9, 2012) Provided, That in any of the following cases, the design period may be extended in consultation with Gap and Eul:

1. Where natural disasters or other equivalent inevitable causes occur;

2. A’s program.

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