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(영문) 대전지방법원 2016.06.09 2014가단28975
채무부존재확인
Text

1. The obligation to pay the service cost to the Defendant (Counterclaim Defendant) based on the services listed in the attached list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

A. A. around 2011, C was promoting an urban residential housing development project (hereinafter “instant housing development project”) as indicated in the separate sheet, but the Plaintiff requested the Defendant, an architect, to design the construction of the instant housing development project.

(B) The specific legal relationship between the plaintiff and the above company is unclear.

Accordingly, between March 201 and October 201, 2011, the Defendant: (a) performed the work of confirming the basic design for the housing development project of this case; (b) performed the work of preparing the shop design drawings (proof No. 9); (c) the shop design drawings (proof No. 11); and (d) the building permit-related documents (proof No. 10), and (e) provided the Plaintiff with the above shop design drawings, etc.

In addition, the Defendant also went through a construction deliberation on the instant housing development project from July 201 to September 2011, and around July 201, the Defendant requested the Plaintiff to prepare a ground investigation report (Evidence B No. 12) concerning the instant housing development project on behalf of the Plaintiff, and paid KRW 3,850,000 to the said company at its expense on May 29, 2012.

(hereinafter referred to as “instant service”). (C) The above service performed by the Defendant refers to each of the above services.

With respect to the instant service, the Plaintiff paid to the Defendant KRW 50,000,000 in total, including KRW 3 million on March 22, 2011, ② KRW 17,000,000 on June 15, 2011, ③ KRW 10,000 on June 30, 201, ④ KRW 5,000,000 on December 31, 2012, ⑤ KRW 5,000 on January 31, 2013, and KRW 60,000 on March 30, 2013.

The housing development project of this case was not authorized, and thus becomes become extinct around August 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, Eul evidence Nos. 1, 4, 7, 9 through 13 (excluding the part not trusted after the entry of evidence No. 1). The plaintiff's assertion of the purport of the whole pleadings (the ground for claim of this case) to the defendant's service of this case.

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