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(영문) 춘천지방법원 강릉지원 2018.08.28 2018나12
용역비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is an architect who operates the “D architect office” in Gangseo-si, and the Defendant is the owner of the instant building E (hereinafter “instant building”).

B. On April 9, 2015, the Plaintiff and the Defendant entered into a design contract for the extension of the instant building (hereinafter “instant contract”) with the following content, and the Plaintiff received KRW 10,000,000 from the Defendant on the date of entering into the instant contract, pursuant to the said contract.

Contract amount: 30,000,000 won (including value-added tax): - Cancellation of the Cleanup Zone of a school (date of April 2, 2015) - The first business: Change of use (family hotel of a training institute) - The second business: Article 4 (Calculation of Service Costs and Payment Method) of the Permission for Extension (including Construction Supervision) - The timing of payment and the amount of payment shall, in principle, be as follows, implemented in installments, but may be adjusted in consultation with the Plaintiff and the Defendant:

10,000,000 won, total of 10,000,000 won upon completion of the secondary business at the time of completion of the primary business of KRW 10,000 upon the contract for the amount of payment at the time of payment

C. On June 5, 2015, the Plaintiff filed an application for change of the purpose of the instant building at Gangnam-si, and changed the purpose of the instant building from educational research facilities (education institutes) to accommodation facilities.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (Evidence with Serial Nos. 1 to 3) and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, it is reasonable to view that the Plaintiff completed the primary business based on the instant contract (hereinafter “the primary business”) on June 5, 2015, and the maturity period for the progress payment following the completion of the primary business (hereinafter “the first progress payment”) is June 5, 2015, which is the date of the completion of the primary business.

Therefore, according to the instant contract, the Defendant is the delivery date of a copy of the instant complaint from June 6, 2015, which is the next day of the due date, as sought by the Plaintiff and the first progress payment of KRW 10,000,000 to the Plaintiff.

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