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(영문) 수원지방법원 2017.02.14 2016가단12850
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay 10,000,000 won to the Plaintiff (Counterclaim Defendant) and its payment from October 27, 2015.

Reasons

The main lawsuit and counterclaim are also examined.

1. Facts of recognition;

A. The Plaintiff is a certified architect who operates an architect office under the trade name of “C” in Hysung City B (103).

B. The Defendant newly constructed a factory building (hereinafter “the instant building”) on the ground of Seosung-si D (hereinafter “instant land”) and left the Plaintiff in charge of design and supervision related to the said new construction works.

The main contents of the design and supervision contract between the Plaintiff and the Defendant (hereinafter “instant contract”) are as follows:

4. Contract amount: It shall be the period from April 2, 2013 to October 2, 2013, set forth in separate Article 2 (Period of Service for Design and Supervision Services) of the Additional Tax No. 10,000,000 won (in nex 25,400,000).

Article 3 (Scope of Services) The scope of services provided by the Plaintiff to the Defendant shall be limited to construction, structure, civil engineering, electricity, machinery, electricity, fire-fighting, machinery and fire-fighting, purification work and design supervision and related authorization and permission which are necessary for the execution of construction works, such as basic design drawings, working design drawings, and other design drawings.

Article 12 (Performance Delay) (2) If the plaintiff has failed to complete his/her business within the agreed period, the penalty for delay equivalent to 2.5/100 of remuneration for each day of delay shall be paid to the defendant for each day.

C. The instant land is owned by the EMM Mel Co., Ltd. (hereinafter “EMMMMA”), and the Defendant acquired ownership through auction. At the time the Defendant acquired ownership, the EMMMA was suspended when the Defendant completed construction of a factory with the permission for construction of a new factory from the SMAT to the commencement of construction of a site and completed construction of a site.

With respect to the SM Mel, there was a change in the establishment of a factory with the site area of 6,252 square meters on October 8, 2009, and the building area of 2,376 square meters. The Defendant changed the above matters to be approved and changed the area of 6,60 square meters on October 7, 2013, and the building area of 2,120.92 square meters.

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