(영문) 서울중앙지방법원 2017.07.07 2015가합544212

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자간(%)

(영문) 서울중앙지방법원 2017.07.07 2015가합544212

설계용역비 청구

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1. The Defendant’s KRW 353,578,534 and the Plaintiff’s annual rate of KRW 6% from August 5, 2015 to July 7, 2017.

Reasons

Facts of recognition

The plaintiff is a company whose main purpose is the construction design and supervision business, various authorizations and permissions agency business under construction-related Acts and subordinate statutes, and the defendant is a company whose main purpose is real estate development and supply business.

On March 2, 2015, the Plaintiff entered into a complex facility design service contract (hereinafter “instant contract”) with the Defendant, with the content as follows: (a) the five-story above ground level 350-5, 14 stories above ground level; and (b) the total floor area of approximately 50,890 square meters; (c) the Plaintiff entered into the instant contract with the Defendant.

Article 4 (Calculation of Consideration and Method of Payment) (1) The calculation criteria and method of remuneration for design business shall be based on attached Table 2.

(2) The price for the design business may be paid in lump sum, or in installments.

(3) In principle, when the payment of the price is made in installments, the following shall be determined, but the defendant and the plaintiff may be adjusted through consultation:

In the event of an application for construction deliberation at 00% of the amount of payment, the base rate (%) adjustment (%) adjustment (%) 25% of the 25% of the 25% of the 25% of the 25% of the 25% of the 25% of the 25% of the 25% of the 20% of the 230,000,000 won of the 30% of the 30% of the 30% of the 30% of the 30% of the 30% of the 30% of the 30% of the 30% of the 30% of the 276,000,000 upon the completion of the construction permission, the 10% of the 10% of the 10% of the 10% of the 10% of the 10% of the 192,000,000 won of the 10% of the 20 million won of the 30 million won of the 2:

1. Where the defendant's business was suspended or cannot resume within 30 days because he/she obstructed the plaintiff's business or delayed payment of the price;

2. When it is apparent that the performance of duties of the agreed plaintiff is objectively impossible because the condition of the design request presented by the defendant is significantly modified;

3. Where the defendant transfers contractual rights or obligations without the consent of the other party;

4. The defendant needs to perform his duties.

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