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(영문) 수원지방법원 2020.02.03 2018나12527
용역비
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On December 11, 2013, E Co., Ltd. (hereinafter “Co. E”) entered into a design service agreement with Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) with respect to construction area of 4,197.18 square meters (total floor area and contract area of 18,250 square meters) on the ground of 32,292,01 square meters on the land of 4,197.18 square meters (total floor area and contract area of 18,250.20 square meters) on a new construction of urban residential housing (hereinafter “instant multi-family housing”) and neighborhood living facilities (hereinafter “instant construction”). On the same day, the Plaintiff entered into a design service agreement with Defendant Co., Ltd. (hereinafter “Co. E”) with the Minister of Land, Transport and Maritime Affairs (hereinafter “Defendant Co., Ltd.”) on the same date with the method of amending the standard design agreement as KRW 400,000,00 (value-added tax separately).

3) At the time of the conclusion of each of the above contracts, the construction of the instant apartment units was scheduled to be four parts of Gdong “H block”, I Dong “J block”, and Least “Neabnbnb character center”, which correspond to the neighborhood living facilities. However, around March 2014, the Plaintiff agreed to provide design services for Gdong and Idong with the Defendant Company as agreed upon with the Defendant Company and not to proceed with design for Kdong and Ldong.

Accordingly, the pre-existing design service cost shall be reduced to KRW 60,000,000. The contract date is retroactive to the date of conclusion of each of the above contracts, and the contracting party concluded a contract again by setting the construction cost at the time of modification. As to the design service of the “H block”, M’s representative and the Defendant Company entrusted the Plaintiff with it, and pay KRW 170,000,000 as the cost for performing the design service. As to the design service of the part of the “J block” portion, N entrusts the Plaintiff with it, and pay KRW 170,000 as the cost for performing the design service.

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