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(영문) 서울남부지방법원 2019.04.24 2018가단231547
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) from June 10, 2015 to the Defendant (Counterclaim Plaintiff) with respect to KRW 10.6 million and KRW 9.3 million among them.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On June 16, 2014, the Plaintiff’s husband C and the Defendant, an architect, on behalf of the Plaintiff, entered into a building design contract (hereinafter “instant contract”) that provides the Plaintiff with building design services, and the Plaintiff wishes to pay the price therefor.

The contract of this case was amended twice throughout the two times, and each of the contents is as follows.

First Contract (No. 1-1, 201 June 16, 2014, No. 1-1)

1. Design contract title: New construction of multi-household housing;

2. Location of a building site: Goyang-gu, Yangyang-gu D

3. A design outline 1) Site area: The number of floors (two households) for multi-family houses (2 households): 4 floors on the ground: The total floor area of 5 square meters (34 square meters) 113.32 square meters (34 square meters).

4. Contract amount: 12 million won (excluding surtax);

5. Terms and conditions of the contract: 10,000 won per the completion of the approval for the use of the original construction cost of KRW 40,000,000 when the approval for the use of the original construction cost of KRW 30% 3,600,000 when the approval for the use of the original construction cost of KRW 4.8 million was granted at the time of the service contract with the payment rate of the payment rate of the design cost.

6. Terms and conditions 1) Within 75 days after the contract, 3) the completion of the license under the contract, 1-4. Total floor area is 144.28 square meters (in addition to the alteration to 43.64 square meters), 14.28 square meters (in addition to the alteration to 43.64 square meters).

5. Terms and conditions of the contract: 20% at the time of the service contract with a non-fixed rate of payment for the design cost, KRW 1.2 million at the time of the completion of the construction permission on June 16, 2014, KRW 70% at the time of the completion of the construction permission on June 16, 2014, KRW 1.2 million at the time of the completion of the approval for the use of KRW 1.2 million at the time of

6. 1) The actual date of the second contract to which the owner has delegated all matters related to the conclusion of this contract and the progress of this contract to C, who is the husband, within one year after receipt of the permission, 2) the structural calculation, structural design and urban planning deliberation (excluding preparation and acquisition of books) and the completion of the permission within one year after receipt of the permission. 4) The owner A shall delegate all matters related to the conclusion of this contract and the progress of this contract to C: A around July 16, 2014;

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