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(영문) 부산지방법원 2015.09.24 2014가합15579
설계비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The plaintiff is a corporation that runs the architectural design service business, etc., and the defendant is a corporation that runs the construction business.

B. On March 11, 2011, the Plaintiff and the Defendant concluded a building design contract (No. 14, hereinafter “the first design contract”) with the following content.

The Defendant paid KRW 55,00,000 to the Plaintiff on March 28, 201 according to the first design contract.

Design Contract(Design Contract Construction 1.Design Contract Construction Build-gu Multi-Family Apartment Building: Long-term Private Rental Apartment Construction : Long-term Private Rental Apartment

2. Location of a building site: 62-4, 000 square meters in Busan, Seo-gu, Busan.

3. Design outline 1) Site area: For the purpose of 16,140.00 square meters: Scale of multi-family housing (multi-family housing) and ancillary facilities: 3 floors underground and 25 stories above ground: Total floor area of 5 square meters in reinforced concrete structure: less than 50,000 square meters.

4. Contract amount: Article 3 (Scope of Contract) (1) of the Act (including value-added tax) 550,000,000 won (including value-added tax) (1) The scope of design to be provided to the defendant shall be the work of preparing basic plans, working plans, permission for development activities, district unit planning and all other design documents necessary

(2) A minor design modification, project approval, or modification (any modification, such as a design modification to the balcony expansion, a modification to a completed drawing, etc.) accompanied by authorization and permission.

Article 4 (Methods of Calculation and Payment of Design Cost) (1) The cost of design business shall be paid in installments as follows:

(2) In principle, when the payment of the price is made in installments, the payment timing and the amount shall be as follows, but additional adjustment may be made through consultation between the defendant and the plaintiff:

Article 10 (Transfer, Alteration, etc. of Contract) ① The defendant and the plaintiff enter into this contract without the consent of the other party without the consent of the defendant and the plaintiff.

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