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(영문) 서울중앙지방법원 2019.05.15 2016가합540170
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of civil engineering and construction work, etc., and the Defendant is a certified architect who designs buildings, etc. under the trade name of C architect, and D (hereinafter “D”) is a building design company located at the time of Jinju.

The design service contract of this case

1. Design contract title: New construction of a housing complex in the city of Gyeongcheon-si in the city of Gyeongnam;

2. Location of a building site: F in Gyeongcheon-si, Gyeongnam-do.

3. Design outline 2) Use: Housing complex (multi-unit housing, business facilities, and neighborhood living facilities) number: 4 underground floors and 20 floors above ground: Building area of 1,046.69 square meters (316.62 square meters);

4. Contract amount: Tricheon-Madern million won (in n.e., 235,000,000) - (in n.e., value-added tax separate) (in total floor area of KRW 35,000 per square meter) - (A), the owner (in n.e., settlement refer to 35,000 won per square meter), A representative director, G architect (B) representative director, representative director, B D representative director, H Article 3 (Scope, etc. of Contracts) (1) (2) the construction design business.

1. All the affairs of preparation of various deliberative documents (basic plans, working plans, construction, structure, landscape, etc.), and authorization and permission;

2. Preparation of design documents (Planning documents, deliberated documents, interim design documents, approval and permission use documents, execution design documents), and reports;

3. An aerial view or speculation for authorization or permission.

4. Preparation of drawings, such as architecture, structure, electricity, facilities, civil engineering, landscaping design (including the seals of certified architect and professional engineers);

5. Various specifications and invoices (special features, general specifications, machinery, electricity, fire fighting, etc.);

6. Agency business related to authorization and permission.

7. A modification of design under the Building Act within the contract period;

8. Other various design documents and related documents necessary for construction work.

B. On March 2015, the Plaintiff entered into a design contract (hereinafter “instant design service contract”) with the Defendant and D regarding the construction of a housing complex E-si (the third unit; hereinafter “instant housing complex building”) (hereinafter “instant new construction”) (hereinafter “instant new construction service contract”).

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