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(영문) 수원지방법원 2018.11.01 2016가단9793
용역비
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 145,00,000 as well as the interest rate from March 24, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. Around December 2013, the Plaintiff and the E Co., Ltd. (hereinafter “Co. E”), a certified architect who operates the architectural firm named “D architect” (hereinafter “Defendant E”) entered into a design service contract for the construction of an urban-type residential housing (a complex type) and neighborhood living facilities (hereinafter “instant multi-family housing”) with the Defendant Co., Ltd. (hereinafter “Defendant B”) at KRW 400,00,00 (excluding value-added tax) on the ground that the contract amount for the design service contract for the construction of an urban-type residential housing (a complex type) and neighborhood living facilities (hereinafter “instant multi-family housing”).

(2) Defendant B entered into a contract with the Plaintiff on the same day by modifying some provisions based on the standard design contract (No. 2009-1092, Nov. 23, 2009, the Ministry of Land, Transport and Maritime Affairs Notice No. 2009-1092, hereinafter “standard contract”).

(3) At the time of the conclusion of each of the above contracts, the construction of the instant apartment units was scheduled to consist of four parts including Gdong “H block,” I Dong “J block,” and the Kdong “Symanty Center,” and Ldong “Saman LAWn character center.”

(4) However, around March 2014, the Plaintiff agreed with Defendant B to proceed with design services for Gdong and I Dong according to the agreement, and to not proceed with design for Kdong and Idong.

Accordingly, the existing design service cost of KRW 60,000 shall be reduced to KRW 60,000,000, and the date of the contract shall be retroactive to the date of conclusion of each of the above contracts, and the contracting party shall conclude a contract again by setting the construction cost as at the time of amendment. As to the design service of the “H block” of Gdong, M’s representative and Defendant C shall entrust the Plaintiff with it, and pay KRW 170,00,000 as the cost for the performance of the design service. As to the design service of the part of “J block” of Idong, N shall entrust the Plaintiff with it, and the cost for the performance of the design service shall be 170,00

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