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(영문) 서울중앙지방법원 2013.08.28 2011가단437234
설계비 반환 등
Text

1. The Defendant’s KRW 5,00,000 as well as its annual rate from January 6, 2012 to August 28, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around 2004, the Plaintiff and the Defendant: (a) requested C to perform the renovation and repair works for Han-style Korean-style houses in Jongno-gu Seoul Metropolitan Government; (b) around 2005, the said construction is suspended under the construction of a concrete structure, a wooden structure, a wall, and a bridge, integrated into the underground floor with a concrete structure, a wooden structure, a wall, and a wooden roof; and (c) there were both internal and external finishing and some installation works (hereinafter “instant Han-style house”).

(2) On December 17, 2007, the Plaintiff entered into a design service contract with the Defendant for the completion of the installation work with the interior and exterior finishing of the hanok. The main contents of the contract are as follows.

(hereinafter “instant design service contract”). - A - Design name: The content of D project services: The contract period from December 17, 2007 to January 31, 2008 (Supervision: 30,000,000 won (excluding value-added tax) for the construction and interior design service and construction management design period: advance payment: the period from December 17, 2007 to January 31, 2008; the payment period of KRW 1/3; the intermediate payment of KRW 1/3; the remainder of 1/3; the period from December 17, 2007 to January 31, 2008.

The management and supervision of construction works shall be eight weeks after the performance of design service works.

Provided, That the plaintiff may change the service period in consultation with the defendant due to inevitable circumstances.

Article 3 (Scope of Services) The defendant shall perform the work of constructing and interior plans for the design of detached houses on the site located in Jongno-gu Seoul Metropolitan Government D, and of designing, basic and implementation plans for the design of detached houses, and the scope thereof shall be determined as follows:

Scope of services

1. Construction and interior design ① General consultation on the intent, purpose, and basic policy of the ordering person ② review of relevant laws and regulations, site analysis/site model ③ Review of the possibility and case study of the problems compared to each type of building ④ Analysis of design elements in accordance with the basic CONCEPT and design 5 design.

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