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(영문) 광주지방법원 2015.05.14 2014가합50960
대여금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of designing construction civil engineering, electricity machinery, fire-fighting systems, and construction, etc., and the Defendant is a housing reconstruction project partnership that was established to implement a housing reconstruction project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the Seo-gu, Seo-gu, Gwangju and six lots for the purpose of implementing a housing reconstruction project, which was approved for establishment of

(b) Conclusion of a design agreement for buildings;

1. Design contract title: New reconstruction works;

4. Contract amount: Won 3,392,00,000,000 won per day (Won 3,392,000,000)(V.A.T) “A” and “B” shall enter into a design agreement under this provisional agreement and keep one copy of each such agreement, and succeed to this agreement after the inaugural general meeting.

The name of the building owner (A): The name of the chairperson of the reconstruction promotion committee for B: The name of the E designer (B): The scope of services to be provided to “A” by Article 3 (Scope of Services) of the F to “B” shall be the scope of planning design drawings, interim design drawings, shop design drawings, and other design drawings necessary for the execution of construction works (hereinafter referred to as “design affairs”).

Article 13 (Compensation for Damages) "A" and "B" may claim damages through consultation between "A" and "B" where the other party causes damages due to the change of the contract under Article 11 (2), the cancellation or termination of the contract under Articles 14 and 15, or the breach of the contract under Articles 11 (2).

Article 15 (Payment of Remuneration at Time of Suspension of Design Affairs) (1) Where all or part of design affairs have been interrupted due to a cause attributable to “A”, “A” shall pay the remuneration until the time when the design affairs already performed by “B” have been interrupted.

The plaintiff's [A] design(A) agreement of a building is called "A" but this is the trade name before the plaintiff changed the trade name on December 24, 2009 to A]. The plaintiff re-building B on February 19, 2003.

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