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(영문) 대구지방법원 2017.12.21 2015가단42619
용역비
Text

1. The Defendants jointly share KRW 88,212,200 with respect to the Plaintiff and KRW 5% per annum from March 17, 2016 to December 21, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who designs a building with the trade name of “P”.

B. On September 22, 2014, the Plaintiff entered into a contract with Defendant B on design services, etc. for construction of a new complex building on the ground of the Daegu Suwon-gu Q, and four lots of land (hereinafter “instant service contract”).

The content of the service was prepared by the construction review book and investment drawing, building permit, shop design and approved book, and the contract amount was set at KRW 198 million (the time separate payment of value-added tax, KRW 40% of the price at the time of the contract, KRW 40% of the price at the time of the contract, KRW 40% at the time of the completion of permission and the submission of design documents, KRW 10% at the time of the commencement of construction report, KRW 10% at the time of submission of the usage inspection) and the contract term was set at between September 22, 2014 and December 31, 2014

C. On October 7, 2014 and on October 8, 2014, the Plaintiff received KRW 80 million from the Defendants as down payment.

On September 18, 2015, the Plaintiff obtained a building permit from the Daegu Suwon-gu Office, and on September 23, 2015, the Plaintiff submitted design documents to the Defendants and performed all of the services under the said design services contract.

E. The detailed progress of the construction permit of this case is as follows.

On December 24, 2014, upon receipt of the first construction deliberation on November 13, 2014 upon the conclusion of the service contract on September 22, 2014, the Civil Service Jurors’ notification of the result of the first construction deliberation on January 13, 2015, which was the first construction deliberation on January 13, 2015, shall be reflected in the traffic impact assessment plan, and the second construction deliberation on March 17, 2015, which was the second construction deliberation on May 7, 2015, which was the date of the second construction deliberation on May 14, 2015, which was the date of the second construction deliberation on May 14, 2015, which was the conditional transit of the construction permission on July 15, 2015, which was the date of the construction permission granted on September 23, 2015.

F. Meanwhile, the Plaintiff spent KRW 1,859,00 for energy deliberation costs, KRW 19,800 for service for traffic impact assessment report, KRW 2,200,00 for total water pollution reporting costs, KRW 2,200 for total water pollution reporting costs, and KRW 25,00 for civil petition jury merchandise coupons 1,200,000 for the above building permit.

[Ground] Facts without dispute, A1-3

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