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(영문) 수원지방법원안양지원 2019.11.15 2018가단1153
용역비
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 10, 2017, the Plaintiff entered into a contract for the extension of a dormitory at C University Culture Center (hereinafter “instant service contract”) with the Defendant establishing and operating C University of KRW 255,200,000. The main contents are as follows.

- Site location: Ansan-si: Contract area - Period: 3,322.48§³: From May 10, 2017 to July 20, 2017 - The method of payment for the price: 102,080,000 won on the date of the contract; 76,560,000 won on the date of application for a building permit; 51,040,000 won on the date of completion of working design; 25,520,000 won on the date of completion of approval for use;

B. On May 10, 2017, the date when the instant service contract was concluded, the Plaintiff received down payment of KRW 102,080,000 from the Defendant in accordance with the instant service contract.

C. On May 30, 2017, the Defendant: (a) made a resolution with the purport that the vice president, etc. of the Defendant shall gather, and (b) on May 30, 2017, “The extension of four stories, even though it is a building that needs to be reconstructed for a long time, shall be dangerous; and (c) shall be examined as soon as the validity of the extension of a dormitory to E, rather than the above cultural center, within the earlier time.” (d) on July 7, 2017, the Defendant made a resolution that “the extension of the dormitory of the first cultural center to E”

On July 18, 2017, the Plaintiff provided the Defendant with the shop design drawings under the instant service contract (hereinafter “instant shop design drawings”).

E. On July 20, 2017, the Defendant suspended the business and reviewed the direction of the business because the amount of the dormitory extension in the “Seoul Cultural Center” increased by approximately KRW 3 billion compared to the originally anticipated amount, and thus, caused operational difficulties. The Defendant’s suspension of the business and review the direction of the business because there are difficulties and risks in implementing the extension works, such as structural reinforcement works, due to the construction relationship involving the extension of 4 floors in the existing building, and there are difficulties and risks in carrying out the extension works, such as structural reinforcement works, etc.,

I would like to establish and implement a new alternative due to these problems.

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