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(영문) 수원지방법원 2015.05.22 2013가합7618
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 23,100,000 to the Defendant (Counterclaim Plaintiff) and its related amount from May 28, 2012 to November 8, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 21, 2012, the Plaintiff and the Defendant concluded a design service contract in accordance with the standard design contract for the new construction of 9-11 block 4,152 square meters in the same general industrial complex of the Dong-si, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Seoul, for the new construction of a ground (the underground first floor and eight floors above ground)

The main contents of the instant case are as follows:

(A) The scope, etc. of the contract shall be determined by referring to "the scope of construction design work and quality standards table" in attached Table 1, Article 3 (Scope, etc. of Contracts).

In principle, Article 4 (Calculation and Payment Method of Price A) of the △△△△△ (basic: when adding "A"), including a survey and geological survey, conducted in the relevant part and field of the △△△△△ including the interpretation, consultation, etc. of the design intent in the course of the construction, the scope of the terms and conditions of the contract for the work, and the scope of the design in the course of the construction (attached Table 1), the timing of the payment and the amount of the payment in installments, shall be determined as follows, but the adjustment may be made through consultation between "A" and "B":

Article 6 (Provision of Data and Duty of Good Faith) (1) "A" shall provide "B" with the following data necessary for performing design duties without delay, and in such cases, "A" may entrust "B" with the collection of data to be provided:

1. Specific use of the building and necessary matters related thereto;

5. A geological survey report and a geological history test report, a soil surface plan and drawings, and all other books, etc. necessary for the examination of soil quality structures;

B. On March 21, 2012, the Plaintiff paid 21,000,000 won for down payment (excluding value-added tax) to the Defendant, and around April 30, 2012, around the time of filing an application for a building permit, the Plaintiff paid 28,00,000 won for intermediate payment (excluding value-added tax) respectively.

C. On May 24, 2012, on the basis of general factories, the Defendant submitted the implementation design documents (in-depth design documents) to the Plaintiff.

(In fact that there is no dispute, Gap evidence 7, Eul evidence 1, 2-1, 2-1, 2.

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