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(영문) 부산지방법원 2016.11.24 2016나339
계약금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid next shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the construction business, etc., and the Defendant is a corporation that runs the construction design business.

B. On June 11, 2014, the Plaintiff entered into a design service contract with the Defendant and Busan Dong-gu (hereinafter “instant land”) with respect to the land A (hereinafter “instant land”).

(1) Design contract title: 15,361m2 (2) - Site size: 15,361m2 (7m2: 4,646.7m2): Multi-unit housing (7m2): - Total floor area: 27,035m2 (8.21m2): 769,000 - Construction design cost of KRW 409,000 (50,000 unit price per square year): 200,000 - Traffic performance assessment of KRW 30,000: 60,000,000; - Green Housing Certification and Energy Efficiency; - Design performance assessment of KRW 40,000; 40,000; - Business performance assessment of KRW 40,000;

Article 3(Scope of Services, etc.) “B” provides “A” to “A” refers to a design work that the owner requires in advance to place an order for architectural design, such as the basic design drawings, working design drawings, and cooperation in rental water (hereinafter referred to as “design work planning”) for the construction of a building. The term “construction design work” is divided into “Planning design”, “Intermediate design” and “working design” into “design”, “Intermediate design” and “working design”, as required by the owner of a building upon the request of the owner.

The term "Planning Design" means the design objective of the building in terms of the scale, budget, function, quality, aesthetic and scenic aspects of the building, in consideration of data and the details of planning affairs provided by the owner of the building.

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