(영문) 서울중앙지방법원 2016.04.01 2015가합19013

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(영문) 서울중앙지방법원 2016.04.01 2015가합19013

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff is a company running the building design service business, etc., and the Defendant is the owner of B 5,848 square meters (hereinafter “instant land”).

Article 4 (Calculation of Service Fees and Method of Payment) (1) The calculation criteria and method of service fees shall be based on the consideration criteria.

Provided, That where on-site conditions and design conditions are special or where duties are added, it shall be determined through consultation between the construction of AWnb and the plaintiff.

(2) Where the price is paid in installments, the time and amount of such payment shall, in principle, be as follows and shall be paid in cash according to the rate of payment:

At the time of an application for approval for a project of 20% 100,000,000 at the time of a non-fixed-term service contract for the payment rate of the payment, 10% at the time of completion of construction deliberation of 20% 100,000,000 project, 30% at the time of completion of construction approval of 20% at the time of completion of 100,000,000 project, 10% at the time of completion of approval for use (construction completion) at the time of completion of 100,000,000: KRW 50,000 at the time of 10,000:3 separate from value-added tax; and 200,000,000 won/value-added tax shall be paid to the Plaintiff in cash within seven days after receipt of the application.

Article 11 (Transfer, Revision, Withdrawal, etc. of Contracts) (1) AWnb Construction and the Plaintiff may not transfer, lend, offer as security, or perform other acts of disposal any rights and obligations under this Agreement to a third party without the consent of the other party.

Article 14 (Cancellation and Termination of Contract by the plaintiff) (1) The plaintiff shall not cancel all or part of the contract, except in the following cases:

1. Where it is deemed that the plaintiff's business is suspended and it cannot resume within 30 days because the AWnb Construction obstructs the plaintiff's business or delays the payment of the price;

4. Where it became difficult for the Plaintiff to perform his/her duties due to the Plaintiff’s failure to provide materials necessary for the performance of his/her duties, the Plaintiff became a building owner and the Plaintiff as an architect on February 10, 2012.

유사 판례

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