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(영문) 서울고등법원 2015.11.27 2014나2011589
용역대금
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) in excess of the money ordered to be paid below is revoked.

Reasons

1. Facts of recognition;

A. In October 2007, the Defendant entered into a contract with the stamp architect (hereinafter “Nonindicted Company”) under which the Defendant entered into a contract with the Nonparty Company on the design services and ancillary services of the New Construction Corporation of the B Distribution Center (hereinafter “New Construction Corporation”) on the following terms and conditions (hereinafter “the primary design service contract of this case”).

(1) At the time of entering into the instant first design service contract, the Defendant’s trade name was CSS Development Co., Ltd., but thereafter, the trade name was changed to CSPD and then changed to the current trade name. The location of the site was about 16,858 square meters at the time of entering into the instant first design service contract: The site area: approximately 166,858 square meters at the time of the conclusion of the first design contract for the FF in Ansan-si: the area of the site: approximately 16,858 square meters: the warehouse and auxiliary facilities, the size of the building: the reinforced concrete building, the steel structure, and the size of the building area: approximately 38,139 square meters at the ground level: approximately 14,674.6 square meters at the end, but was finally changed as above.

1) Site area: Structure of reinforced concrete building, PC building, steel framed 4): (Logistics A: 1: 20,000 square meters: (2) The size of reinforced concrete building, PC building, and steel framed structure: (2) The size of (logistics A: 1: 4 floors underground / ground : 3 floors underground / ground 4 floors), (commercial 1: 4 floors underground / ground : 4 floors underground), (commercial 2: 35,305 square meters 6 square meters): The total floor area of approximately 153,179.98 square meters (4 square meters : 46,336.94 square meters): The design service cost of approximately 693,00,000 won (the service period) the value-added tax is from the time when the design service is performed to the time when the contract is completed, and the contract does not contain any details of the schedule of approval or use inspection agreement.

shall carry out its duties in accordance with this section.

(2) The design cost shall be 693,00,000 won, calculated on the basis of paragraph (1).

(3) Where an increase or decrease in the total floor area of the building permit occurs after this contract was concluded.

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