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(영문) 의정부지방법원 2020.09.25 2019가합56296
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the new construction of a building and the sales business, etc., and carries out the business of newly constructing and selling officetels buildings (hereinafter “instant building”) from Do and E block business facility site D and E block Hanam City (hereinafter “instant building”).

Defendant (F) is a company that operates architectural design, related technical service business, etc.

B. (1) On February 3, 2017, the Plaintiff entered into the instant service contract with the Defendant and the owner of the building, and the Plaintiff, the owner of the building, agreed to contract the design of the instant building and the related authorization, permission, etc. with the Defendant, who is an architect, with the amount of KRW 600,00,000 (excluding value-added tax) (hereinafter “instant service contract”).

(2) Around February 2018, the Plaintiff entered into an amendment to the above service contract (hereinafter “instant amendment contract”) with the Defendant and the Plaintiff, which added traffic impact assessment to the service scope of the instant service contract and increased the service cost to KRW 630,00,000 (value added tax separate) (hereinafter “instant amendment contract”).

3) The Plaintiff is the Defendant and the Plaintiff Company G (hereinafter “G”) around February 2018.

(B) In addition, the Plaintiff’s succession to the contract of this case and the contract of this case (hereinafter “instant succession contract”) with the content that the Plaintiff transfers the status of the contractor under the contract of this case to G.

(C) On May 25, 2017, the lower court held an integrated deliberation committee prescribed in Article 12 of the Special Act on the Simplification of Authorization Procedures for Land Use (hereinafter “integrated deliberation committee”) to deliberate on the building permission of the instant building, and the said committee passed a deliberation on the condition of partially supplementing the traffic items, etc.

(hereinafter referred to as “1 deliberation”) 2. Afterward change of the unit of the instant building from 420 to 456 units, and the size of the underground parking lot from 5th underground to 6th underground floors.

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