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(영문) 수원지방법원 2020.01.15 2018나92721
설계용역비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Both parties asserted that the Defendant and the Defendant entered into a contract for design and supervision of the construction of a new apartment house on two parcels, namely, KRW 45,900,00 (excluding value-added tax), KRW 12,400,000 (excluding value-added tax), the design service cost of KRW 30,000 (including value-added tax), and the design modification cost of KRW 94,130,000 (including value-added tax). Thus, the Defendant is obligated to pay the remainder of KRW 24,60,000 (including value-added tax) and damages for delay.

In regard to this, the Defendant asserts that, as long as the Plaintiff was fully paid the service cost under the first design contract, the Plaintiff did not pay to the Plaintiff as long as the Plaintiff was fully paid the service cost under the first design contract, the Plaintiff did not pay to the Plaintiff. The Defendant asserts that, as long as the Plaintiff was fully paid the service cost under the first design contract, the Plaintiff did not pay to the Plaintiff.

2. Determination

A. In full view of the overall purport of the entries and arguments in the design service claim portion, Gap evidence Nos. 1, 4, Eul evidence No. 2-3, Eul evidence No. 5, and Eul evidence No. 6, and the entire purport of the pleadings, the defendant, while carrying out the development project of a group of land, such as Leecheon-si F, Leecheon-si, decided to title trust the ownership of 1,333 square meters of land in Leecheon-si, and completed the registration of transfer of ownership in the name of the defendant on September 22, 2015; Eul was delegated by the defendant with the authority to enter into a design service contract for a new construction of two lots of land outside Leecheon-si, and signed a design service agreement with the plaintiff on December 2, 2015, with the contract amount of KRW 45,900,000 (excluding value-added tax).

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