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(영문) 대전지방법원천안지원 2020.09.11 2019가합103433
용역비
Text

1. The Defendant’s KRW 293,700,000 for the Plaintiff and 6% per annum from April 26, 2018 to September 11, 2020, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that aims at the construction design, etc., and the Defendant is a company that aims at real estate development and lease business.

Article 17 (Payment of Price in Case of Suspension of Design Business) (3) When the contract is terminated due to a cause attributable to the defendant from among the drawings of each book, the defendant shall pay the price for the design business as follows:

2. 50% of the total contract amount shall be paid where the design work is conducted not more than 60% (the preparation of books for authorization and permission);

3. 100% of the total contract amount shall be paid where the design work is conducted at least 60% (the preparation of books for authorization and permission);

B. On March 9, 2018, the Plaintiff entered into a contract with the Defendant for design of the building (hereinafter “instant design contract”) with the content that the Plaintiff shall perform the work of preparing design drawings and specifications of D (NL Center) that is scheduled to be newly built in the Seo-gu, Seo-gu, Seoan City C (hereinafter “NL Center”), and the Defendant shall pay the Plaintiff the price of KRW 1,335,000,000 (excluding value-added tax).

Among the design contracts of this case, the contents relating to this case are as follows.

C. On April 25, 2018, the Defendant requested the Plaintiff to suspend the work under the instant design contract.

On January 2018, the Plaintiff submitted the design drawings of the knowledge industry center in this case to the Defendant.

[Reasons for Recognition] Uncontentious Facts, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, while the Plaintiff prepared the design drawing under the design contract of this case on April 25, 2018, the design contract of this case was terminated on or around April 25, 2018, and thus, the Defendant is obligated to pay to the Plaintiff KRW 734,250,000 [(=667,50,000 + KRW 1,335,000 + KRW 66,750,000] and delay damages therefrom, which are 50% of the total amount of the design contract of this case, pursuant to Article 17(3)2 of the design contract of this case.

Therefore, the defendant is entitled to seek from the plaintiff.

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