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(영문) 수원지방법원 2017.08.08 2016가단532309
용역비
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 45,421,200 and the interest rate thereon from September 29, 2016 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. (1) On July 14, 2016, the Plaintiff entered into a design service contract with the Defendants for the construction of factories and neighborhood living facilities on the ground of forest E 11761 square meters (hereinafter “instant land”).

The amount of services at the time shall be KRW 63,58,00 (including value-added tax), and KRW 11,781,000 for retainers and part-time payments shall be KRW 45,421,200 upon commencement, and KRW 6,355,80 for remainder within three days after receipt of the license, and KRW 6,35,80 for use (construction completion) shall be paid within three days after receipt of the license

(2) On July 19, 2016, the Plaintiff performed the construction design business under the instant contract, and received an application for a building permit on the instant land to the Sungsung View. On August 8, 2016, the Plaintiff approved a factory building permit on the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff an intermediate payment of KRW 45,421,200 under the instant contract and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 29, 2016 to the day of full payment, as the Plaintiff seeks.

2. Judgment on the defendants' assertion

A. (1) The Defendants asserted that the instant land will be incorporated into a restricted area for three years according to the growth management plan for the viewing of friendliness, and that the restriction on development activities is not applicable to a site obtained from the construction permit and the commencement period until July 2016. In order to prevent the instant land from being incorporated into a restricted area for development activities, the Defendants received the construction permit and the commencement period before the end of July 2016 or the announcement of the viewing of friendliness was made.

(2) For such reasons, the Plaintiff and the Defendants in this case.

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