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(영문) 인천지방법원 2020.01.31 2019가합803
설계용역비
Text

1. The Defendant’s KRW 87,00,000 as well as 6% per annum from March 26, 2019 to January 31, 2020, and the following.

Reasons

.. In accordance with Article 15 of the Building Act, the standard design contract for a building shall provide for the rights and obligations between the parties necessary to perform the design work that the Defendant entrusted to the Plaintiff who reported the work in accordance with Article 23(1) of the Certified Architects Act.

Article 4 (Methods of Calculation and Payment of Consideration) (1) The criteria and method of calculation of remuneration for design affairs shall be determined through consultation between the defendant and the plaintiff in accordance with on-site conditions and design conditions, referring to attached Table 2.

(2) The price for the design business may be paid in lump sum.

(3) In principle, when the payment of the price is made in installments, the following shall be determined, but the defendant and the plaintiff may be adjusted through consultation:

Value-added tax of KRW 130,500,000 prior to the receipt of the approval for the use of KRW 3087,000,500 prior to the receipt of the approval for the use of KRW 2087,000,000 prior to the receipt of the approval for the use of KRW 2087,000,000 when the deliberation of KRW 1043,50,000 was completed at the time of non-fixed contract for the amount of payment * Deposit account separate of KRW 435,00,000 prior to the receipt of the approval for the use of KRW 2087,00,000 * Bank E or deposit account: Article 14 (Cancellation or Termination of Contract by the Plaintiff) of the Bank in Korea; ① The Plaintiff may cancel or terminate all or part of

1. Where the defendant's business was suspended or cannot resume within 30 days because he/she obstructed the plaintiff's business or delayed payment of the price;

2. When it is evident that the performance of the duties of the agreed plaintiff is objectively impossible because the condition of the design request presented by the defendant is significantly modified;

3. Where the defendant transfers contractual rights or obligations without the consent of the other party;

4. Where it becomes difficult for the defendant to perform his duties because he did not provide data necessary for the plaintiff's performance of duties.

5. Where it is impossible to perform the contract due to death, disappearance, disease, or any other cause.

④ The Plaintiff entered into a contract under paragraph (1).

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