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(영문) 서울중앙지방법원 2014.06.10 2013가합86842
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are found either as a dispute between the parties or as a whole by taking account of the respective descriptions and arguments of Gap evidence 1, 2, 6, 7, and Gap evidence 8-1, 2, and 3.

A. The Plaintiff and the Defendant are both companies aimed at building design or design service business.

B. More specifically with the Plaintiff, the Defendant, and the 1st joint supply and demand of the Plaintiff, and the 1st architect, including the Plaintiff, the 1st architect, the Defendant, and the Dogwon (hereinafter only referred to as the “buildingman”), a design service contract was concluded as a co-contractor with the Plaintiff, the Defendant, and the 1st architect, the Oi Engineering Co., Ltd., the Oian Engineering Co., Ltd., the Eian Engineering Co., Ltd., the Gagdong Design Co., Ltd., the ELMD, the L&C case design, the ELC design, the Co., Ltd

Around October 2012, as a co-contractor, entered into a design service contract (i.e., the document No. 1; hereinafter “the first design service contract of this case”) with a view to carrying out construction design services related to construction of a building at Changwon University Hospital (hereinafter “instant primary service contract”) at KRW 10.92 billion on the ground of land 55 Changwon-si, Changwon University Hospital on the ground of Changwon-si 555 land, which is a contractor (hereinafter “instant primary service contract”).

The main contents thereof are as follows:

The Construction Co., Ltd. (hereinafter referred to as “A”), the Plaintiff (hereinafter referred to as “B 1-1”), the Defendant (hereinafter referred to as “B 1-2”), and the Dogwon (hereinafter referred to as “B 1-3”), etc. (including both other joint contractors, such as the Oral Engineering, Co., Ltd., Ltd.) (hereinafter referred to as “B”), as the Sigwon University Hospital, shall enter into a design service contract for the construction of the Changwon University Hospital Hospital as follows:

Article 9 (Service Charges) (1) Design service charges shall be the amount as follows:

Basic design: 5.19.5 million won: 5.7 billion won.

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