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(영문) 부산지방법원 2019.11.21 2018가단312004
설계비지급 등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 16,293,750 to the Defendant (Counterclaim Plaintiff) and its related amount from July 19, 2018 to November 21, 2019.

Reasons

1. Basic facts

A. On November 23, 2016, the Plaintiff entered into a design service contract (hereinafter referred to as “instant design service contract”) with the Defendant, setting the period of performance of duties, including the amount of KRW 50 million (20 million upon receipt of a construction permit, KRW 15 million upon receipt of an additional tax, KRW 15 million upon application for approval of use, and KRW 15 million at the time of filing an application for approval of use), and the comprehensive adjustment and administrative affairs of design drawings, as of November 23, 2016 to December 30, 2016, with regard to the construction design for the new construction of a parcel of land outside and two parcels, the Plaintiff entered into a design service contract (hereinafter referred to as “instant design service contract”). The main contents are as follows.

Article 3 (Scope, etc. of Contracts) (1) The scope, etc. of contracts shall be determined by referring to the "Scope of construction design affairs and quality standards table" in attached Table 1 (attached Table 1).

Article 9 (Settlement of Relevant Technological Cooperation Services) (1) In cases where the defendant separately performs the cooperation with related specialized engineers under Article 67 of the Building Act, the plaintiff shall comprehensively coordinate the cooperation affairs.

Article 11 (Performance Delay) (2) If the plaintiff fails to complete his/her business within the agreed period, he/she shall pay to the defendant compensation for delay equivalent to 2.5/1,000 of the price for each one day of delay for each day.

(3) Where implementation has been delayed due to unavoidable circumstances, such as natural disasters, or reasons not attributable to the plaintiff (the review of design documents by the defendant, the revision of design documents at the request of the defendant, etc.), the days of delay under paragraph (2) shall

Article 13 (Cancellation and Termination of Contract by Defendant) (1) The defendant may cancel or terminate all or part of the contract in any of the following cases:

3. Where a contract performance is impossible due to death, disappearance, disease, or any other cause, the plaintiff and the defendant under Article 15 (Indemnification) and the other party to the contract have incurred losses due to the change of the contract under Article 10 (2), rescission or termination of the contract under Articles 13 and 14, they may claim damages to the other party;

Article 17 (Payment of Price in Case of Suspension of Design Affairs) (1) Articles 13 and 14.

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