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1. Defendant (Counterclaim Defendant): (a) KRW 434,500,000 to the Plaintiff (Counterclaim Plaintiff); and (b) from June 26, 2012 to November 6, 2013.
Reasons
1. Basic facts common to the principal lawsuit and counterclaim;
A. The Plaintiff is a company whose business objective is the building design business, etc., and the Defendant is the project implementer of the A Housing Redevelopment and Rearrangement Project (hereinafter “instant rearrangement Project”) that is conducted in the Bupyeong-gu, Seocheon-gu, Seocheon-gu, Bdong C (hereinafter “instant rearrangement Project”).
B. During the process of the instant rearrangement project, a tendering procedure for the selection, etc. of a designer was conducted. On November 19, 2010, the Plaintiff participated in the said tendering procedure and selected as a designer at the general meeting of the members of the Defendant Union for the selection, etc. of a designer, and the said members’ general meeting passed a resolution to apply the contract with the said designer (hereinafter “the first draft contract”) as follows with respect to the said designer’s contract
Article 2 (Period of Service) The period for performing design service shall be from the date of the contract to the time of liquidation.
Article 3 (Scope of Services) (2) The scope of services provided by the plaintiff to the defendant shall be as follows:
1. Basic design and implementation design for the construction of buildings;
2. Preparation of design documents necessary for commencement of construction work and execution thereof;
3. Affairs of authorization and permission of the competent authority incidental to design affairs.
4. Various impact assessment, surveys, and authorization and permission for deliberation, such as traffic impact assessment, if necessary;
5. All authorization and permission of business execution plan;
6. Materials, such as various teams, etc. required in the process of authorization and permission, and the printing teams and other materials requested by cooperatives;
7. Design and other work incidental thereto;
8. Business requested by a cooperative;
9. Other affairs related to the design of the redevelopment project, such as the preparation of design documents and the rental business, etc., necessary for the project implementation. (3) Where there occurs an increase or decrease in the area at the time of approving the project implementation, the increase or decrease shall be made by applying the unit price per square meter contracted to the increased or decreased area.
Provided, That in principle, the following shall be implemented, but additional adjustment may be made through consultation with the plaintiff.
When 10% construction deliberation is received at the time of the service contract, 10% project implementation authorization is received at the time of completion of construction deliberation by 10%.