logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2016.12.02 2016가단53420
설계비청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 11, 2010, D and C, the representative of the Plaintiff, entered into a contract with the Defendant on May 11, 2010, with the amount of KRW 159,00,000 for the construction design and civil engineering design regarding the multi-family house to be newly constructed on the land E and F (=Building design cost of KRW 99,00,000 + Value 60,000,000 for the civil engineering design cost of KRW 60,000,000 for the value-added tax). However, the contract deposit amount of KRW 75,00,000 is paid at the time of the contract and the balance is settled after the sale and purchase of each of the above lands (hereinafter “instant contract”). D received KRW 75,00,000 from the Defendant on the day of the contract.

② D used KRW 20,000,000, out of the down payment, as its construction design contract deposit, and paid KRW 20,000,000 as the construction design contract deposit to H operating a stock company G, and KRW 35,00,000 as the civil engineering design contract deposit to C.

B. Agreement between the Defendant and C (hereinafter “Agreement”) on May 11, 2010 between the Defendant and the Defendant’s birth, and between the Defendant and the Defendant’s birth, C developed each of the above land of the Defendant and I as a multi-family house site and sold it at a price of at least KRW 1,00,000 per square meter. However, the amount exceeding KRW 1,00,000 per square meter out of the parcelling-out price was agreed upon by C (hereinafter “instant agreement”), and the content of the said agreement is as follows.

The purpose is to utilize C's expertise and management know-how in order to parcel out the land of the E and F as multi-family house site in the case of a party owned by the defendant and I.

1. C guarantees that the land price of the Defendant and I would be KRW 1,00,000 per square, and the land price of I would be paid by December 30, 2010, and the land price of the Defendant would be paid by June 30, 201.

- Amount received by the Defendant: 2,244,00,000 won (e.g., deposit) - Amount received: 508,800,000 won (e.g., deposit)

2. The defendant shall take charge of accounting affairs.

3.Constructions, civil engineerings and selling prices of the above land shall be subject to C’s responsibility.

arrow