(영문) 부산지방법원 동부지원 2018.10.10 2016가단214362

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(영문) 부산지방법원 동부지원 2018.10.10 2016가단214362

용역비

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1. The Defendant’s KRW 48,678,746 for the Plaintiff and 6% per annum from January 7, 2016 to October 10, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of the architectural design business and the general building business, and the Defendant is the owner of the second basement apartment house (hereinafter “instant building”).

B. On May 9, 2015, the Defendant concluded a project provisional contract with the Plaintiff in order to construct the instant building on the ground B, which is the land owned by the Defendant.

Project Name: The method of paying the provisional contract amount of KRW 10,000,000 shall be as follows, and the defendant shall thoroughly implement the payment on the basis of mutual trust for the preparation of smooth project progress:

(2) Method of payment: 10,00,000 won for a provisional contract to pay 500,000 won for a license agency is the provisional payment that the plaintiff pays to the defendant for the design work and the licensing agency work for the building that the defendant proceeds before carrying out the project.

(Article 3(a)(3). Upon the preparation of this Agreement for the Project, the Defendant shall enter into this Agreement after the reduction of the amount of the provisional contract received from the total project cost.

(e.g., the estimate of the total project cost is KRW 10 million, and the amount of the provisional contract is KRW 10 million, 90 million, c).

On May 9, 2015, the Defendant paid KRW 10.5 million to the Plaintiff, including KRW 500,000,000 for the authorization and permission agency expenses under the above provisional contract.

On June 22, 2015, the Plaintiff and the Defendant concluded a construction project management contract (hereinafter “instant management contract”) that manages the progress of construction on behalf of the Defendant by setting the contract amount of KRW 60 million and the total project cost of KRW 300,000,000,000. The main contents are as follows.

Article 2 (Duties and Responsibilities) Obligations and Responsibilities of the Plaintiff: The project cost stated in the performance of the Project.

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