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(영문) 수원지방법원 2016.10.27 2016가합908
용역비
Text

1. The defendant shall pay 257,200,000 won to the plaintiff and 15% per annum from February 25, 2016 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. The following facts can be acknowledged in full view of the entries in Gap evidence Nos. 1 and 4 and the purport of the whole pleadings.

1) On May 16, 2014, the Plaintiff is a convalescent hospital, etc. newly built by the Defendant on the ground, both C and five parcels, both of which are located between the Defendant and Militarysan-si (hereinafter “instant convalescent hospital”).

(2) On September 22, 2014, the Defendant entered into a contract with the Defendant with respect to design services and agreed to separately settle the service cost when there is an increase or a decrease in the total floor area after the building permit. (2) On September 22, 2014, the Defendant obtained a permit for the alteration of the purpose of construction for large-scale repair of the instant convalescent hospital with the total floor area of 13,834.92 square meters from the Si of Gunsan to the Si of 13,834.92 square meters.

3) Meanwhile, the Plaintiff has received KRW 15 million from the Defendant as the service price under the above design service contract until now. (B) According to the above facts acknowledged, the Plaintiff was obligated to submit to the permitting authority an application for permission for change of the purpose of construction and large-scale repair of buildings (Article 6 of the Enforcement Rule of the Building Act), along with design documents, etc., to the effect that the Plaintiff performed the above design service upon obtaining the permission from the Defendant to change the purpose of construction and large-scale repair of the instant convalescent with the total floor area of 13,834.92 square meters from the Si of Gunsan on September 22, 2014, after receiving the design service for the instant convalescent, the Plaintiff received the construction and large-scale repair of the instant convalescent with the total floor area of 13,834.92 square meters from 13,834.92 square meters/305 square meters, the permitted area of the instant convalescent increases by the Defendant.

On the other hand, the Plaintiff was paid the remainder of KRW 41,40,000 among the design service costs at the time of the commencement of the construction of the instant convalescent hospital, and the construction has not yet commenced, excluding the remainder of the service costs.

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