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(영문) 대전지방법원천안지원 2019.03.27 2017가단108758
설계용역대금
Text

1. The Defendant: KRW 77,787,420 for the Plaintiff and KRW 6% per annum from September 13, 2017 to March 27, 2019.

Reasons

1. Basic facts

A. On June 2015, the Defendant had a plan to newly construct three underground floors, ten floors above ground, contract area of 8,657.98 square meters (2,619 square meters) and business facilities (hereinafter “instant building”).

B. Around June 2015, the Plaintiff, a company established for the purpose of architectural design and supervision, entered into a design and supervision contract with the Defendant to receive the amount calculated by multiplying the total floor area of the instant building by KRW 60,000 per square meter (hereinafter “instant contract”).

C. Around August 2015, the Plaintiff provided the Defendant with the design drawings, etc. prepared under the instant contract.

However, the defendant did not apply for a building permit on the basis of the design drawing prepared by the plaintiff, and later transferred the status of the owner to D.

D Co., Ltd. had E prepare design drawings necessary for applying for a building permit, and applied for a building permit on March 30, 2016.

【Ground of recognition】 Evidence Nos. 1 through 3, Eul’s Evidence Nos. 3 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The service cost under the instant contract is KRW 157,140,000, multiplied by the total floor area of the first Defendant 2,619, multiplied by KRW 60,000 per square meter. Of the above KRW 157,140,000, the respective design work and supervision cost should be calculated on the basis of “the scope of a certified architect’s business for public order projects and the standards for remuneration.” The amount of the design work should be calculated on the basis of the “the scope of a certified architect’s business for public order projects and the standards for supervision.” On August 2, 2015, the Plaintiff is KRW 125,712,00, the price for the design work, and KRW 31,428,000, the price for supervision is KRW 31,428,000 under the instant contract.

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