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(영문) 제주지방법원 2016.01.07 2015가합256
계약금반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 2, 2014, the Plaintiff entered into a design service contract (hereinafter “instant design contract”) with the Defendant to run a business that constructs a housing complex B in Jeju-si (hereinafter “instant business”).

B. The main contents of the instant design contract are as follows.

Contract amount: 60,000,000 won (Additional Tax Map) The period for performing design service shall be from the contract date to the time of delivery of the permitted books of the building and the starting books.

Article 3 (Scope of Services) The scope of services provided by the Defendant to the Plaintiff is as follows:

- On-the-spot and basic survey - 3 on- 40 square meters, 50 square meters, 60 square meters, - the basic design, the preparation of a permitted book - the preparation of a shop design book - the construction plane, the drawing of a plane, the drawing of a design book (including machinery, electricity, equipment, structure, etc.) - three on-site visits at the Jeju site site, and one million won at the time of the request for an additional site visit, the result of the service provided by the Defendant to the Plaintiff is as follows:

- Part 1 (A3) CAD FILE - Part CAD FILE (for owners) - Part 2 (A3) of the starting drawings for construction works (one copy for owners, one copy for construction works) CAD FILE (one copy for construction owners), Article 4 (Calculation and Payment Method for Service Costs) 2) The cost for design works may be paid in lump sum, in installments or in installments.

33% at the time of the delivery of the construction permit drawings by additional tax of KRW 20,00,000 at the time of the non-fixed service contract with the payment rate of KRW 33% at the time of the supply of the construction permit drawings, the additional tax of KRW 33% at the time of the delivery of the construction permit drawings by the 33% 20,000,000 for each additional tax of KRW 60,000 for each additional tax of KRW 33% at the time of the supply of the construction permit drawings. In principle, when the payment is made in installments, the payment period and the amount shall be as follows, but additional adjustment may be made after consultation with the plaintiff:

Article 13 (Cancellation and Termination of Contract by the plaintiff) (1) The plaintiff may cancel all or part of the contract in any of the following cases:

3. Where it is impossible to perform the contract due to death, disappearance, disease, or other causes.

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