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(영문) 의정부지방법원 2021.03.11 2019가단132599
용역비
Text

1. The plaintiff (Counterclaim defendant) filed a claim for KRW 24,00,000 against the defendant (Counterclaim plaintiff) and related thereto from January 22, 2021 to March 11, 2021.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 20, 2016, the Plaintiffs are three persons among the buyers who purchased a 102,446 square meters of G forest in Gyeonggi-gu (hereinafter referred to as “instant land”) from Gyeonggi-do around July 20, 2016, by collectively referring to the divided land.

B. Around July 20, 2016, around July 20, between Plaintiff B and Defendant D, a survey and design and construction design service contract on the instant land (hereinafter “instant land”).

According to the contract of the first contract, Defendant D provides the Plaintiff B with the services of conducting development activities and consultation on mountainous district conversion, deliberation on urban development, permission for occupation and use of roads, separate expenses for permission for occupation and use of rivers (bridge permission), structural stability assessment, structural stability assessment, restoration design and supervision, re-survey, table survey, average survey, tree survey, small scale environmental assessment, and pre-disaster impact assessment, and the service fees shall be KRW 80,000,000, and the service fees shall be KRW 46,000,000,000 prior to the receipt of documents, and KRW 30,000,000,000,000 for the last time of permission as a special contract. The purport of the contract is that “this intermediate settlement shall be made at the time of the interim permission period” is written.

(c)

Plaintiff

A and Defendant D asserted that around July 2016 the Defendants were around July 25, 2016.

As to the instant land, a survey design and construction design service contract (hereinafter “second contract”) was prepared.

The contract No. 2 is almost identical to the contract No. 1. However, although Defendant D provided the same service to Plaintiff, Defendant D stated that the service price of KRW 80,000,000 is KRW 4,000,000 prior to the receipt of documents, KRW 20,000 prior to the receipt of the documents, KRW 16,00,000, and KRW 10,000 when giving notice of permission, and KRW 16,00,000 when giving notice of permission, and KRW 10,00,000,000 as a special agreement, the purport that “Unless otherwise expressly provided, it shall be permitted (cases)” is written.

(d)

Plaintiff

A Survey and design on the land H and I (hereinafter referred to as “additional land”) of Gyeonggi-si, Gyeonggi-do on April 13, 2017 between A and Defendant D is conducted.

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