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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The party status 1) Plaintiff (the first trade name was “D”) but was changed to the current trade name on December 23, 2009.
(2) The Defendant is a housing reconstruction and improvement project association (hereinafter “association”) established on October 28, 2008 with the authorization of establishment on October 28, 2008 to implement a housing reconstruction project in the Seo-gu, Gwangju pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
B. On February 19, 2003, the Plaintiff entered into a provisional contract for the design of the building (hereinafter “instant provisional contract”) with the reconstruction promotion committee (hereinafter “instant reconstruction promotion committee”) as follows.
(A)A contract for the design of a building;
1. Design contract title: New reconstruction works;
4. Contract Price: TWon 3,392,00,000,000 (Won 3,392,000,000) (AT separate) “A” and “B” shall enter into a design agreement under this provisional agreement and keep one copy of each such agreement, and succeed to this agreement after the inaugural general meeting is approved.
The name of the building owner (A): The name of the chairperson of the reconstruction promotion committee for B: The name of the E designer (B): The scope of services to be provided to “A” by Article 3 (Scope of Services) of the F to “B” shall be the scope of the planning design drawings, interim design drawings, shop design drawings, and other design drawings necessary for the execution of construction works (hereinafter referred to as “design affairs”).
Article 4 (Calculation of Service Fees and Method of Payment) (1) The calculation criteria and method of service fees shall be based on the price criteria.
(3) Where the price is paid in installments, the timing and amount of payment shall, in principle, be as follows, and the "A" and "B" may be adjusted through consultation:
(b) classification;