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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. On November 2013, the Plaintiff entered into a design service contract for the construction of D architectural design offices and Gyeongnam Development-gun (hereinafter “instant building”) (hereinafter “previous contract”) and paid to D architectural design offices a total of KRW 10,80,000 won (i.e., KRW 3., KRW 6 million on November 6, 2013; and (ii) KRW 10,080,000 on March 11, 2014 (= KRW 3.6 million).
B. On April 3, 2014, the Plaintiff obtained a construction permit with a total of 740.76 square meters of the main purpose education and research facilities (education and training institutes) and total floor area of the instant building (hereinafter “previous permission”).
C. On March 13, 2015, the Plaintiff entered into a design service contract (hereinafter “instant contract”) with the Defendant with the content that “to request the Defendant to design the instant building” (hereinafter “instant contract”). The Plaintiff entered into a design service contract with the following content (a evidence No. 1; hereinafter “instant contract”).
Design name of a design contract: The design service site location of the Plaintiff’s neighborhood living facilities: The structure of neighborhood living facilities: The building area of the steel framed: the total floor area of 60.00 square meters; the design remuneration amount of the building under Article 1 of the size of 660.00 square meters shall be the daily KRW.
Article 3 The period for conducting design affairs shall be 60 days from the date of the contract.
Article 13 (Defendants, hereinafter the same shall apply) In case where “B (Defendants, hereinafter the same shall apply)” delays design work without any justifiable reason, he shall pay to “B (Plaintiffs, hereinafter the same shall apply)” compensation for delay equivalent to two minutes per day for the amount of design remuneration.
Article 14 No rights and duties arising under this Agreement shall be transferred or terminated to a third party without mutual consent.
Provided, That if "A" is deemed to have neglected the performance of a contract intentionally or to be incapable of performing a contract, it shall be notified in writing to the other party and shall be consulted, and if it is not agreed within 31 days from the date of notification, the contract may be unilaterally terminated.