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(영문) 창원지방법원통영지원 2014.07.17 2013가합1743
설계용역비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s design contract 1) On February 4, 2010, the Plaintiff newly built and sold multi-family housing (hereinafter “instant business”).

(1) The design contract with the Defendant that has promoted (hereinafter referred to as “instant design contract”) as follows:

2. Site location: Tong Young-si and 54 lots (hereinafter “instant building site”).

A person shall be appointed.

3. Design contents: 1) A site area: 38,023.00 square meters (the site area for actual use: 34,817.00 square meters): A multi-family housing (multi-family housing) number: 2 stories underground and 20 stories above ground: A total floor area of 6,788.97 square meters: 94,481.2107 square meters;

4. Contract area: A contract area may be increased or decreased at the time of approval (28,581 square meters) of 94,481.2107 square meters.

5. Contract amount: 1,100,000,000 won, and value-added tax separately for the contract area and period under Article 2 separate for the value-added tax on February 4, 2010 to December 15, 2010.

4. By 30.0

4.5 50,000,000 prior to deliberation on construction or urban planning shall be paid for consultation.

37 Consultations shall be paid upon completion of project approval.

20 shall be paid after consultation on construction drawings.

Ten consultation shall be paid upon commencement of the construction project.

Sales in lots 30% 5 Payment in consultation

50% 5% of the sale shall be paid by consultation.

5 Consultations shall be paid when the use is received.

(3) In principle, when the price is paid in installments, the time and amount of such payment shall be determined as follows, but the plaintiff and the defendant may adjust it through consultation:

Article 10 (Transfer, Alteration, etc. of Contracts) ① The defendant and the plaintiff are prohibited from transferring, lending, offering security, etc. any rights and obligations under this Agreement to a third party without the consent of the other party.

2 The Plaintiff applied for a deliberation on traffic impact assessment on behalf of the Defendant on March 26, 2010 under the instant design contract, on behalf of the competent authority, and applied for the approval of the project plan on May 25, 2010.

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