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(영문) 인천지방법원 2017.06.23 2016가단29257
설계용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 18, 2011, the Defendant, a cooperative established for the purpose of rebuilding and rearrangement project of the Nam-gu Incheon Metropolitan Government C and D B apartment, entered into a design service contract with the Plaintiff relating to the construction of the said apartment (hereinafter “instant contract”). The main contents are as follows.

Article 1 (Abstract of Design)

5. Design service period: Article 2 (Scope of Services) from the contract date to the issuance of the inspection completion certificate.

1.(a)

Preparation of Basic and Executing Design Documents and Seal of Completion Books

6. The plaintiff's work performance period shall be from the date of this contract to the date of issuance of the certificate of usage inspection.

The delivery period of the execution design documents: The drawings shall be supplied with the approval of the defendant so as not to impede the commencement of construction works.

(within two months after completion of the project implementation authorization)

7. The defendant may request the plaintiff to change the contents set forth in paragraph 6 according to the defendant's circumstances, and the plaintiff must comply with such request.

Article 4 (Contents and Payment of Design Cost)

1. The total amount of the design cost shall be 259,065,000 won;

(VAT Map)

2. The design cost shall be paid as classified into:

7,719,500 won (30%) after filing an application for authorization for project implementation: Two times after filing an application for authorization for project implementation: 77,719,50 won (30%) three times after the authorization for project implementation is granted: 77,719,50 won (30%) after the delivery of books for construction works: 4 times after the authorization for project implementation: 25,906,50 won (10%) after the authorization for project implementation was granted, Article 14 (Termination of the Contract) and the Plaintiff and the Defendant agreed to terminate the contract, or when any of the following causes occurs:

In such cases, when the defendant approves the plaintiff's work progress and recognizes it as a result, he/she may settle and pay the remuneration corresponding to the performance to the plaintiff.

3. When the plaintiff is deemed unable to perform services any longer due to other reasons.

9. If, due to the plaintiff's cause attributable to the plaintiff, it is found that the work is not performed by the deadline specified in this Agreement or that there is no possibility of completion; 10. The plaintiff or defendant wishes to terminate the contract.

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