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(영문) 서울중앙지방법원 2016.06.21 2015가단5004477
설계용역비 청구
Text

1. The Defendant’s KRW 36,00,000 as well as 6% per annum from November 8, 2014 to April 20, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff is a legal entity that operates a construction design business, etc., and the Defendant is the owner of the land B, C, and D (hereinafter “instant land”).

E is the husband of the defendant, and the representative of the F, and the defendant was represented by the defendant in the following transactions between the plaintiff and the defendant:

B. On August 9, 2014, the Plaintiff and the Defendant entered into a contract to provide design services to 20 households of multi-households to be constructed on the ground of the instant land (hereinafter “instant design contract”) (hereinafter “instant design contract”) between the Plaintiff and the Defendant. The main content of the contract is as follows.

- Service Name: G multi-household housing design services - KRW 60 million for the price of KRW 30 million (excluding value added tax), and each payment of KRW 30 million for the delivery of design drawings - The contract period: From August 9, 2014 to November 7, 2014 - Planning design (including balcony expansion area of KRW 30 to 20 households) (2) the Defendant paid advance payment to the Plaintiff on the day of the contract under the instant design contract.

C. The Plaintiff’s process up to the submission of the Plaintiff’s planned design drawings (1) concluded the instant design agreement and sent the access road drawings to the e-mail (H) on August 18, 2014.

In addition, on September 24, 2014 and October 13, 2014, the Plaintiff consulted on E and design contents on the two occasions, and delivered the plan to E including design outline, floor outline, household outline, arrangement plan, building plan, floor plan by string, and string plan by string.

(2) In such process, E requested the Plaintiff to prepare all available drawings for the application for authorization.

As to this, the Plaintiff sent the drawings supplemented on October 15, 2015 (hereinafter “the first drawings”) in E-mail, and “the instant design contract” in addition to the plan drawings delivered above.

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