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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On March 2015, the Plaintiff, an architect, entered into a contract with the Defendant, who was a building owner, to commission the building of reinforced concrete building 1 and 2-class neighborhood living facilities (hereinafter “instant building”) on the ground of 430.30 square meters above the ground owned by the Defendant, Mapo-gu Seoul Metropolitan Government, which is the land owned by the Defendant, to undertake the construction of the 6th underground floors above
(hereinafter “instant contract”). (b)
According to the instant contract, the total design cost of the construction design and civil engineering design is KRW 40,00,000 (Additional Tax), but the construction supervision cost is included therein.
On March 12, 2015, the Defendant paid KRW 12,000,000 to the Plaintiff as down payment, and additionally paid KRW 3,000,000 on March 18, 201.
C. On April 10, 2015, the Plaintiff completed the design of the instant building and received a building permit D with the Mapo-gu Building Permit Number.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The Plaintiff’s assertion was aimed at obtaining a building permit for the instant building as soon as possible, and accordingly, the time of payment of service costs was set at KRW 12,00,000 at the service contract, KRW 8,000,000 at the time of completion of drawings for application for permission, and KRW 20,000,000 at the time of completion of permission. The Plaintiff obtained a building permit on April 10, 2015, and completed service duties under the instant contract.
Other detailed design deficiencies are required to be supplemented by the construction in fact.
Therefore, the Defendant is obligated to pay the Plaintiff the remainder of KRW 25,000,000 and damages for delay, out of the service costs under the instant contract.
3. In the judgment contract, the burden of assertion and proof regarding the completion of the work is not sufficient solely on the fact that the contractor requesting the payment of remuneration for the result of the work, and in order to have the completion of the work in the production supply contract, the completion of the work is not sufficient, and the main structure of the subject matter is constructed as agreed.