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(영문) 부산지방법원 2017.09.06 2015가합47634
용역대금지급
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a company engaging in design, supervision service business, construction business, etc., and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is the Housing Redevelopment and Improvement Project Association established to implement housing redevelopment project (hereinafter “instant project”) on a site of 25-1 square meters located in Seo-gu, Seo-gu, Busan (hereinafter “instant site”).

B. On January 5, 2011, the Plaintiff issued a new design plan for the instant project to the Defendant on January 5, 201, and the said new design plan was formulated on the basis of the 3rd underground floors, 45 floors, 2 Dongs, 435 households, floor area ratio 1,230.87% (hereinafter “the instant first design plan”).

(2) On March 10, 201, the Plaintiff was attached thereto. (2) On March 10, 2011, the design service contract between the Defendant and the Defendant setting out the service cost of KRW 1,667,00,000 (excluding value-added tax) for the design service of the instant project, and below the time when the Plaintiff receives payment for the design service of KRW 1,667,000 for the project and the base rate of KRW 33,400 for the design contract of the instant case (excluding KRW 20), 33,40,000 for the design contract of KRW 66,80,000 for the construction permit (30), 50,100,000 for the working design of KRW 16,70,000 for the construction (10),6,700 for the total of KRW 16,67,000 for the design service and the time when the payment is made are as follows:

(Determination by an agreement with the selected contractor). (1) Where all or part of the design business has been interrupted under Articles 13 and 14, the plaintiff and the defendant shall pay the price for the design business already performed.

Article 21 (Matters of Special Agreement) (1) The defendant and the plaintiff shall be executed from the project cost under the contract for construction after the selection of the contractor, and thus the contractor and the defendant shall be subject to suspension of banking transactions, etc. of the contractor's inevitable circumstances.

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