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(영문) 서울중앙지방법원 2016.01.14 2015가단5000567
용역대금 등 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Around March 6, 2013, the Plaintiff entered into a building design service contract (hereinafter “instant contract”) with the Defendant with regard to the construction of a reinforced concrete building with the size of 1st underground floor and 2nd underground floor on the ground of 442 square meters on the land owned by the Plaintiff in Namyang-si, Namyang-si.

- Building area: 88.29 square meters and annual area: Contract amount: 33,00,000 won (including value-added tax), 11,000,000 won at the time of the contract, 11,000,000 won at the time of the acceptance of the authorization, and 11,000,000 won at the time of the completion of the authorization - Payment of each contract term of 11,00,000 won at the time of the completion of the authorization - Delay from March 2013 to April 2013: If the defendant fails to complete his/her duties within the agreed period, compensation for delay equivalent to 2.5/1000 of the price for each one day shall be paid to the plaintiff on the date

- The payment for the suspension of design business is suspended in whole or in part due to the reasons attributable to the defendant, the payment shall be refunded for the payment already made by the plaintiff to the defendant.

On April 12, 2013, the Defendant prepared design documents and offered them to the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, A1, and the purport of the whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion 1) concluded the instant contract on the condition that the design drawings that can be newly constructed at a cost of not more than 200,000,000 won by the Defendant were provided. However, on April 12, 2013, the design drawings offered by the Defendant to the Plaintiff was a design drawings that require more than 350,000,000 won in the construction. (ii) The Defendant provided only once a design drawings that do not meet the terms and conditions of the amount until September 2014 when one year and six months elapsed after the conclusion of the instant contract, but did not perform the obligation under the instant contract. Accordingly, the Plaintiff expressed his intent to cancel the instant contract on September 18 and September 22, 2014, and notified the Defendant that KRW 24,200,000 already paid.

3. The defendant shall design business by April 30, 2013, which is the agreed date.

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