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(영문) 서울고등법원 2019.08.21 2018나2032522
설계용역비 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Co-Plaintiff A, Ltd. in the first instance trial (hereinafter “Co-Plaintiffs in the first instance trial”) is a company that conducts construction design and construction supervision business, and the Plaintiff is a representative of D, and the Defendant is a company that conducts housing rental management business, etc.

B. The Defendant promoted the business of constructing and leasing officetels and commercial buildings on the land outside Incheon Bupyeong-gu E and six parcels (hereinafter “instant business”).

Specific business content is that the Defendant establishes a real estate investment company ("Lez") prescribed in the Real Estate Investment Company Act, raises funds through investments, loans, etc. by the Housing and Urban Fund and financial institutions, and then constructs rental housing to collect investments through sale or lease.

C. On July 1, 2016, the Defendant entered into a design service contract (hereinafter “instant design service contract”) with the Plaintiff and the joint Plaintiff of the first instance trial on the instant project, and the actual conclusion of the service contract or the performance of services prior to the aforementioned date. However, the instant design service contract was concluded again on the said date on the ground that the joint Plaintiff of the first instance trial was divided, etc.

The main contents thereof are as follows:

Design service contract ratio: Joint Plaintiffs (60%) in the first instance trial, the Plaintiff (40%) Article 4 (Adjustment of Service Fees and Fees)

1. Design service cost: 1,840,000,000 won - Table VAT separately;

2. After the completion of construction works: 30% of the total design service cost) after the completion of pre-use inspection: 10% of the total design service cost after the completion of pre-use inspection: 10% of the total design service cost;

5. In the case of paragraph 1(8) of Article 12, Section 12, B (the plaintiff and the co-Plaintiff of the first instance court) shall not claim the separate service costs against the defendant.

Article 12 (Cancellation of Termination of Contract by Defendant)

1.After entering into this Agreement, the following services shall be performed:

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