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(영문) 부산지방법원동부지원 2015.08.20 2014가단218421
손해배상
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 9,800,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On May 15, 2013, the Plaintiff entered into a construction design agreement with the Defendant, a construction designer, as follows (hereinafter “the first design agreement”).

1. Location: Contract price for neighborhood living facilities (retail stores), animal and plant-related facilities (use change of livestock facilities): 12,000,000 won (excluding value-added tax): 3,000,000 won at the time of contract, 6,000,000 won at the time of permission for construction, 3,000,000,000 won at the time of receipt of alteration of use;

B. On June 28, 2013, the Defendant: (a) designed a building in accordance with the first design contract; (b) obtained a permit to construct neighborhood living facilities from the captain-gun in Busan Metropolitan City; and (c) again filed an application for a permit to change the purpose of use with animal and plant-related facilities (livestock facilities and animal seedlings) for the Plaintiff’s animal funeral business in the Busan Metropolitan City captain-gun; (d) on November 7, 2013, the Defendant rendered a decision not to grant a building permit on the ground that “the purpose of application is inappropriate in light of all the circumstances, such as the location of the

C. When an application for a building permit to change the use of an animal cemetery was rejected by the captain-gun of Busan Metropolitan City, the Plaintiff entered into a construction design contract with the Defendant on December 11, 2013 by reducing the size of the design building as follows (hereinafter “the second design contract”).

1. Location: The contract amount of the same 4) design cost of the same as the first design contract for the lightweight 1st floor above 15.63 square meters: the contract amount of the same 6,000,000 won (excluding value-added tax): 1,000,000 won at the time of the contract, 3,000,000 won at the time of the receipt of the permission for the modification of design, and 3,000,000 won at the time of the completion of the permission for the modification of design; and

D. The Defendant applied for a building permit to change the purpose of use to animal and plant-related facilities (livestock facilities and animal seedlings) to the captain of Busan Metropolitan City by reducing the area of the design building, but on June 5, 2014, on the condition of the location.

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