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(영문) 대구지방법원 2021.02.18 2019나317527
설계비청구
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and the appeal.

Reasons

1. Basic facts

A. On June 2017, the Plaintiff entered into a design service contract (hereinafter “instant contract”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the design of the Kimcheon D Center (hereinafter “new building of this case”) as the other party, the Plaintiff entered into a design service contract (hereinafter “instant contract”) with the contract amount of 477,60,000,000. In relation to the instant contract, the phrase “Defendant B/I” is printed as the owner of the building, and the seal impression of the Defendant Company was the representative director of the Defendant Company at the time of the signing of the contract.

Defendant C, the spouse of I, affixed the seal, and Defendant C signed and sealed the instant contract as joint and several guarantors of the Defendant Company.

Article 3 (Methods of Calculation and Payment of Price) (1) The basis and method of calculation of the price for the design work shall be determined by this consultation with Gap (Defendant Company; hereinafter the same shall apply) (the plaintiff and hereinafter the same shall apply) in accordance with the field conditions and design conditions.

(2) The price for the design business may be paid in lump sum or in installments.

③ In principle, in cases where large-scale household is paid in installments, KRW 143,280,00 at the time of completion of construction deliberation, KRW 143,280,00 at the time of receipt of construction permission, KRW 143,280,00 at the time of receipt of construction permission, KRW 149,130,00 at the time of approval of construction permission, and KRW 47,760,00 at the time of completion of construction completion (10%) shall be paid.

Article 12 [Cancellation and Termination of Contract of Eul] (1) B may cancel and terminate all or part of the contract in any of the following cases:

1. When it is determined that the business of Eul is suspended and it is impossible to resume due to the interference with the business of Eul or the delay in the payment of the price thereof.

Article 13 (Compensation for Damages) A and B may claim damages against the other party, if the other party has incurred any loss due to the amendment to the contract under Article 9 (2), the rescission or termination of the contract under Articles 11 and 12, or the breach of the contract.

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