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(영문) 인천지방법원 2017.09.21 2017가단202325
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 48,793,885 as well as 6% per annum from December 15, 2016 to September 21, 2017, and from the next day.

Reasons

1. Basic facts

A. The Gyeyang-gu Incheon Metropolitan City ordered the civil engineering and landscaping works of the above sports facilities (hereinafter “instant construction”) to newly construct the sports facilities for the purpose of calculating the instant construction on the ground of 771-5, Gyeyang-gu, Incheon Metropolitan City (hereinafter “instant sports facilities”). The Plaintiff is the construction company in charge of performing the instant construction, and the Defendant is the design company in charge of designing the instant construction.

B. Gyeyang-gu Incheon Metropolitan City concluded a working design agreement on the part of civil engineering and landscaping among the instant sports facilities by determining the service cost of KRW 68,101,000 on June 4, 2009 with the Defendant, and the Defendant completed the design on this part on November 2, 2009.

C. After March 3, 2010, Gyeyang-gu Incheon Metropolitan City determined to establish an indoor sports hall additionally on the instant sports facility, and concluded a contract with the Defendant on March 23, 2010 on the modification of the working design for the portion of civil engineering and landscaping among the instant sports facilities by determining the service cost of KRW 19,929,350 to reflect the said additional matters. The Defendant completed the design for this portion on June 7, 2010.

On June 25, 2010, Gyeyang-gu Incheon Metropolitan City entered into a construction contract on the execution of civil and landscaping parts with the Plaintiff by determining the contract amount as KRW 1,103,396,000 with the Plaintiff for the execution of completed design, and the Plaintiff commenced on June 28, 2010.

On the other hand, the Gyeyang-gu Incheon Metropolitan City entered into a supervision service contract with the Saman Ab&C architect (hereinafter “T&C”) on June 21, 2010, setting the service cost of KRW 20,118,000 for the supervision of the civil engineering and landscaping construction of the instant sports facilities.

E. The Gyeyang-gu Incheon Metropolitan City determines to expand the parking lot during the construction process of the instant case and change the location of the parking lot site, and on October 29, 2010, as well as the design modification plan for the Plaintiff and Samchin C&C along with the design modification plan.

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