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(영문) 인천지방법원 2015.02.03 2013나32055
설계비
Text

1. Of the parts relating to the principal lawsuit of the judgment of the court of first instance, the part against the plaintiff (Counterclaim defendant) who orders payment below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 17, 2011, the Plaintiff, an architect, entered into a design and supervision agreement with the Defendant to pay each of the total service cost of the building (hereinafter “instant contract”) constructed by the Defendant on the ground B of the Nam-gu Incheon Metropolitan City (hereinafter “instant building”) (hereinafter “instant building”) as KRW 200 million (excluding value-added tax; hereinafter the same shall apply) with respect to the total service cost of the building constructed on the ground B of the Nam-gu Incheon Metropolitan City (hereinafter “instant building”). However, at the time of the contract, the Plaintiff entered into a design and supervision agreement to pay each of the intermediate payment of KRW 60 million at the time of completion of the construction permit, KRW 60 million at the time of completion of the construction permit, KRW 40 million at the time of completion of the intermediate payment of KRW 40 million, and KRW 40 million at the time of completion of the construction work

B. The site of the building of this case is included in the aesthetic district and thus, it may undergo a deliberation by the Building Committee established under the jurisdiction of the local government (Yong-gu Incheon Metropolitan City Office).

C. The Plaintiff and the Defendant established the following special terms at the time of the instant contract:

(1) Design expenses for deliberation of landscapes shall be included in the costs of the plaintiff's side in the service cost of the contract of this case.

(4) The area at the time of a contract shall be 2,630 square meters that there is no increase or decrease in service costs when the area is increased or decreased due to a design change or any other cause.

The Plaintiff designed 1 to 6th of the instant building as a neighborhood living facility, and 7 to 15th of the instant building as an urban-type residential house (office) and received a landscape review from the building committee of the Nam-gu Incheon Metropolitan City around April 201, but rejected on April 7, 201, and received a landscape review again on April 29, 201, and received a landscape review again on April 29, 201.

5. The construction permission was received on July 1, 201 after passing through the deliberation of fine views, and was issued on July 7, 201 after obtaining the construction permission.

hereinafter referred to as "First and First Building Permission".

E. According to the instant contract, the Defendant paid each of the Plaintiff KRW 60 million on February 24, 201, and KRW 60 million on September 1, 201, respectively.

F. On April 3, 2012, the Defendant rendered the instant building to the Plaintiff.

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