logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.09.11 2017가합405367
분양대금반환 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 28, 2005, C Co., Ltd. (hereinafter “Defendant, regardless of whether the name of the Defendant was changed; hereinafter “Defendant”) entered into a design service agreement (hereinafter “instant service agreement”) with the Plaintiff with respect to the “Econdo Construction Project” on the land outside D and 10 lots of land in literature-si (hereinafter “instant construction”).

1. Design contract title: New construction of E-mixed;

4. The contract amount of KRW 796,00,000 (general provisions) shall be determined by Article 9-2 of the Building Act and Article 23(1) of the Certified Architects Act as well as the rights and obligations between the parties necessary for the performance of the design business that the defendant entrusted to the plaintiff who reported on the business under Article 23(1) of the Certifie

Article 2 (Period of Service) The period for performing design service shall be from April 28, 2005 to the completion date.

Article 3 (Scope of Services) The scope of services to be rendered by the Plaintiff to the Defendant is as follows:

1. Planning;

2. Article 4 (Methods of Calculation and Payment of Service Charges) (2) The remuneration for the design work may be paid in lump sum or in installments.

3. In principle, when the payment is made in installments, the time of payment and the amount of payment shall be as follows, but the defendant and the plaintiff may be added and adjusted through consultation between them:

Upon receipt of approval for a project of KRW 18% 140,000,000 upon non-fixed contract amounting to 80,000,000, the total of KRW 37% upon completion of the supply of the books of KRW 296,00,000 at KRW 37% upon completion of the work of KRW 296,00,000 at KRW 40,000,000 for the total of KRW 100% upon completion of the work of KRW 296,00,000.

B. The Defendant paid to the Plaintiff KRW 48 million on April 28, 2005, KRW 40 million on March 29, 2007, KRW 154 million on April 11, 2017, respectively.

C. Around October 2007, the Defendant obtained approval of the tourism and resort business plan (hereinafter “instant business”) from the door-to-door mayor. On December 21, 2007, the Defendant obtained a construction permit for the instant construction work from the door-to-door market.

The defendant on December 20, 2009.

arrow