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(영문) 의정부지방법원 2015.09.04 2014가합52978
계약금 반환 등 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 71,177,534 to the Plaintiff (Counterclaim Defendant) and its related amount from July 1, 2014 to September 4, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 2012, the Plaintiff and the Defendant entered into a contract on the formulation of a Class 2 district unit plan for the construction of an urban-type residential house on the instant land (hereinafter “instant contract”) with the service cost of KRW 539,00,000 (including value-added tax and district unit planning, KRW 187,000,000; KRW 352,00,000,00, basic and working design services for the construction of an urban-type residential house on the instant land, in order to alter the specific-use area of the instant land, other than B, and to build an urban-type residential house on the instant land. The key contents are as follows.

Section 1. (General Provisions) This contract shall determine the rights, obligations, etc. between the owner of a building (hereinafter referred to as the “Plaintiff”) and the design affairs entrusted to a certified architect (hereinafter referred to as the “Defendant”) who has reported on his/her business pursuant to Article 23(1) of the Certified Architects Act pursuant to Article 15 of the Building Act, and the mutual rights, duties, etc. necessary for the performance of the works pursuant to

Article 2 (Contract Area and Period): Article 3 (Scope, etc. of Contracts) (1) of the Act on March 15, 2012 through November 10, 2012, Article 3 (Scope, etc. of Contracts) (1) of the Act on the Establishment of Class 1 district unit planning and the implementation of basic working plans shall be based, and the detailed scope, etc. of contracts shall be determined by referring to the "Scope of the architectural design business and the quality

Article 4 (Calculation of Consideration and Method of Payment) (3) In the event that the price is paid in installments as provided in the following table, the time and amount of the payment shall be determined in principle as follows:

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

(3) Reviewing design documents of the plaintiff for unavoidable reasons, such as natural disasters, or the defendant.

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