(영문) 광주지방법원 2017.06.30 2016가단43983

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(영문) 광주지방법원 2017.06.30 2016가단43983

용역비

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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 an individual entrepreneur engaged in the architectural design and supervision business under the trade name of “architectural firm B”.

B. On July 10, 2015, the Plaintiff entered into a service contract (hereinafter “instant service contract”) with the Defendant, setting the design service cost of “design business” as KRW 300,000,00, among apartment and officetel construction works, to be constructed on the land of Seo-gu Seoul Metropolitan City C factory site and Seo-gu Seoul Metropolitan City D factory site (hereinafter “instant site”) and KRW 907,000,000, which is to be constructed on the ground, Seo-gu Seoul Metropolitan City (hereinafter “instant site”).

(A) The name of the building in the standard design contract for the E-Newly constructed construction project: the owner of the newly built construction: the contract period of Article 2 of the “A” (Plaintiffs): Article 4 (Calculation and Payment Method of Price) (1) The standards and method of calculating the price for the design work in accordance with attached Table 2, referring to attached Table 2, shall be determined through a consultation with A in accordance with the field conditions and design conditions.

(2) The price for the design business may be paid in lump sum, or in installments.

(3) In principle, when the price is paid in installments, the time of payment and the amount of payment shall be determined as follows, but adjustment may be made through consultation with A and B:

Article 14 (Cancellation and Termination of Contract “B”) (1) “B” may cancel or terminate all or part of the contract in any of the following cases:

1. Where it is determined that “A”’s business is simple and cannot resume within 30 days because it interferes with the business of “B” or delays the payment of the price therefor;

2. When it is apparent that “A” clearly changes the design requirements presented at the time of the contract, and the performance of the agreed “B”’s business is objectively impossible;

3. Where “A” transfers any rights or obligations under the contract without the consent of the other party;

4. “A” fails to provide “B” with materials necessary for the performance of its duties.

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