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(영문) 인천지방법원 2013.06.13 2012가단89664
설계비
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On February 17, 201, the Plaintiff, an architect, entered into a design and supervision contract (hereinafter “instant contract”) with respect to the building (hereinafter “instant building”) constructed by the Defendant on the ground B of the Nam-gu Incheon Metropolitan City (hereinafter “instant building”) on the ground surface. The total service amount is KRW 200,000,000 (excluding value-added tax; hereinafter the same shall apply), and the contract deposit is KRW 60,000,000, the first intermediate payment is KRW 60,000 at the time of completion of the construction permit, and the second intermediate payment is KRW 40,000,000 at the time of completion of the structural construction work, and KRW 40,000,000 at the time of completion of the construction work, and KRW 40,000,000 at the time of completion of the construction work.

B. The site of the instant building is included in the aesthetic zone, and thus, it could undergo a deliberation by the Building Committee established in the local government.

C. Meanwhile, under the special agreement at the time of the instant contract, the design expenses following the landscape review are included in the service charges of the Plaintiff at the expense of the Plaintiff, and the contract area is determined to have no increase or decrease in the service charges when the area is increased or decreased due to any other cause, such as a change in design, based on 2,630 square meters.

The Plaintiff: (a) designed the instant building to be six residential facilities; (b) received the landscape deliberation from the building committee in the Nam-gu Incheon Metropolitan City, Seoul, on April 7, 2011; (c) received the landscape deliberation again on April 29, 201; and (d) passed on May 12, 201 after receiving the construction permission on July 1, 201; and (c) received the construction permission on the last day of July 201.

(E) The Defendant paid the Plaintiff KRW 60,00,000 for down payment on February 24, 201, and KRW 60,000 for the first intermediate payment on September 1, 2011, respectively, according to the instant contract. Around April 2012, the Defendant requested the Plaintiff to change the design of two floors among the neighborhood living facilities of the instant building into officetels (hereinafter “the first request for design change”). On May 21, 2012, the Plaintiff requested the Plaintiff to change the design of two floors among the neighborhood living facilities of the instant building into officetels (hereinafter “the first request for design change”).

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