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(영문) 부산고등법원(창원) 2015.11.19 2015나21472
설계용역 계약금 반환
Text

1. The defendant's appeal is dismissed.

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

3. Of the purport of the judgment of the court of first instance.

Reasons

(a) be implemented in accordance with its business details;

2.B shall not work on the basis of a decision made by either Party A for the purpose of licence.

3. The amount of business remuneration shall be nine hundred and seventy eight thousand won.

(1) A shall pay 150,000,000 won out of the down payment 300,000,000 won when concluding a contract, on the contractual date, and the remaining 150,000,000 won shall be paid to B by April 23, 2010.

(2) A shall pay B any balance of 678,00,000 won for permission and approval within seven days from the date of sale.

(3) Additional service costs incurred in cases of changes accompanied by withdrawal in the course of consultation and deliberation with the related agency after receipt of permission shall be determined and implemented after consultation between A and B.

Article 9:Intermediate Elimination of Design Duties

1. A person shall not receive a return of the down payment where design business is inevitable to be terminated; and

2. When it is deemed extremely difficult to carry out a smooth project due to the violation of this contract by Gap and Eul, the contract may be terminated after giving notice to Eul and Eul for a period of fifteen days.

(*) If the contract is terminated, the service cost will be settled by the division of B).

On March 23, 2010, the representative director C entered into an apartment construction plan, district unit plan, and approval of the project plan with the Defendant (Operation of the D Civil Engineering Design Office) on March 23, 2010, and formed the Plaintiff corporation on March 31, 2010.

Since then, in accordance with the understanding between the plaintiff and the defendant, the above contract was implemented to prepare an implementation plan for an urban development project (hereinafter referred to as the "project of this case") and an authorized design service contract (hereinafter referred to as the "instant contract"), and was determined to be implemented in accordance with the contents of the existing contract without preparing a separate modification contract.

The main contents of the existing contract concerning the instant contract are as follows.

B. On March 11, 2010, the Plaintiff paid the Defendant KRW 50 million as down payment, KRW 10 million on March 23, 2010, KRW 130 million on April 23, 2010, and KRW 280 million in total.

Even after the plaintiff, the plaintiff is the defendant.

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