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(영문) 서울동부지방법원 2015.10.08 2014가합9746
용역대금등
Text

1. The Defendant’s KRW 512,039,00 for the Plaintiff and 6% per annum from September 18, 2015 to October 8, 2015.

Reasons

1. Basic facts

A. The Defendant was established for the purpose of implementing a housing reconstruction improvement project (hereinafter “instant project”) at a size of 104-4 square meters in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with the aim of implementing the housing reconstruction project (hereinafter “instant project”) and is a reconstruction improvement project association that obtained authorization for the establishment on September 17, 2013.

B. On April 28, 2011, the Plaintiff entered into a design service contract concerning the instant project (hereinafter “instant contract”) with the Red Dok Housing Reconstruction Project Promotion Committee (hereinafter “Defendant Promotion Committee”) with the following content:

1) Design contract title: Design outline for the instant apartment construction project: Multi-unit housing (multi-unit housing) and ancillary and welfare facilities, and total floor area of approximately 73,622.82 square meters (around 65,233 square meters) contract amount: The scope of service performance under the contract terms of KRW 14,900 per square meter of total floor area (excluding value-added tax) contract: In principle, the Plaintiff shall submit the following documents to the Defendant Promotion Board:

- Various deliberative books (construction, scenery, etc.) prepared by the Plaintiff in relation to the instant project - Books for permission (for submission to the competent Gu office) - drawings and specifications necessary for project implementation authorization - Article 3 (Scope of Services) of the execution drawings and specifications.

Article 4 (Methods of Calculation and Payment of Service Costs) (2) The above contract amount shall be paid in installments as follows, but may be adjusted in consultation with the Plaintiff and the Defendant Promotion Council in accordance with the financing plan of the Defendant Promotion Council.

Article 10 (Transfer and Change of Contracts) 2) 5% at the time of the delivery of design drawings for the second intermediate payment (in the event of commencement) 20% at the time of application for the authorization to implement the second intermediate payment after 10% at the time of application for deliberation of construction of the first intermediate payment, 10% at the time of application for the construction of the second intermediate payment, 20% at the time of application for the authorization to implement the second intermediate payment.

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