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(영문) 서울중앙지방법원 2020.01.30 2018가단5272141
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation that carries on the construction design and construction business, supervision business, and comprehensive supervision business, and the Defendant is a corporation that carries on the establishment and operation business of medical institutions under the Medical Service Act.

B. On March 17, 2014, the Plaintiff and the Defendant entered into a construction supervision contract for a building (1) and a design standard contract for the construction supervision of the building, as stipulated under the construction supervision contract for the construction supervision of the Kimpo Cvalescent, but extended the completion date of the construction completion on November 30, 2014 to March 30, 2015, the contract amount was changed to KRW 00 million per day.

1) Outline of construction: Area of site - Total floor area of 6,635.0 square meters ( approximately 2,07.09 square meters) - for 3,932.40 square meters ( approximately 1,189.5 square meters) - Medical institution floor number/structure - Construction period of 1st underground floor and 4th floor on the ground - contract amount on the (date of completion) November (2, 2014) in March 2014: A standard design contract for the building at KRW 20 million per day, and the plaintiff and the defendant entered into a standard design contract for the building at Kimpo Hospital as follows.

1) The name of the building: The site location of the building: The design content of the newly built site area - the 6,635.0 square meters - the structure of medical facilities - the structure of reinforced concrete construction - the total floor area of the first floor and the ground - the total floor area of about 940 square meters - the total floor area of about 4,430 square meters - the contract area of about 50 square meters 4,430 square meters : the contract area of about 4,430 square meters: the daily 0 million won.

C. On April 30, 2015, the above building was approved for use on June 2, 2015 by applying for approval of use.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2 and 23, purport of the whole pleadings

2. Grounds for and determination of the claim

A. (1) The Plaintiff and the Defendant agreed to add KRW 37,500,000 to the supervision service cost as the construction period has been extended by three months. The Plaintiff and the Defendant agreed to provide the final supervision service cost of KRW 187,50,000.

The plaintiff and the defendant shall make land at the above design service cost of 45,00,000 won for the full design change of the structure and the previous parking lot before completion.

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