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(영문) 대전지방법원 2017.06.29 2016나112158
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

1...

Reasons

Basic Facts

The plaintiff is a corporation established for the purpose of building design and supervision.

The Defendant, C, and D made a joint investment in early 2010, and entered into a partnership agreement with the Defendant, C, and D to newly construct and sell multi-household housing (hereinafter “instant housing”) on the land of 1,424m2 (hereinafter “Friri-gun, Chungcheongnam-dong, Chungcheongnam-do,” hereinafter referred to as “Fri-do”) on the land of 1,424m2 (hereinafter “instant housing”).

The plaintiff around March 2010, the name before the defendant's name was "I".

In addition, the contract amount was agreed with C in KRW 30,00,000, and the design service contract was concluded to perform the design and supervision of the building to newly construct the instant housing (hereinafter “instant design contract”).

Meanwhile, the Defendant, C, and D agreed that E’s land is divided into three lots, such as E-source 446 square meters, G orchard 545 square meters, H orchard 43 square meters, and H orchard 433 square meters, and that the 101 Dong, which is to be constructed on the ground of E, C, and 102 Dong, which is to be constructed on the ground of H, would be the owner of D, respectively.

In accordance with the instant design contract, the Plaintiff filed an application for a building permit for E land on March 18, 2010 with the Dong-gun Office for a building permit on March 18, 2010, and obtained the said permit. On March 3, 2011, the Plaintiff filed an application for a building permit for H land on March 3, 201 and obtained the said permit (hereinafter “instant building permit”) and revised the said design twice, and completed the application for a design change with the Young-Gun Office on April 8, 201.

The Defendant and C paid the Plaintiff KRW 13,000,000,000 on April 9, 2010 as service charges under the instant design contract, and KRW 13,00,000 on May 26, 2010, and KRW 6,000,00 on May 26, 2010.

On April 8, 2011, the Plaintiff completed the report on the change of design, but the Defendant did not report the commencement of construction to the Young-gun Office on December 26, 2012, but did not receive the report on the commencement of construction by February 2013 as the recommendation of the Young-gun Office, the instant construction permit can be revoked.

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