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(영문) 서울중앙지방법원 2017.12.07 2016가합519954
용역대금청구의 소
Text

1. The Defendant’s KRW 238,700,000 for the Plaintiff and 6% per annum from January 23, 2014 to June 11, 2016, and the following.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a company aimed at the building design and supervision business, etc., and on October 29, 2007, the Plaintiff is a company for the building design and supervision business (hereinafter “instant association”).

(ii)the remodeling and extension work of the friendly elementary school located in Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as the “instant construction work”).

(2) On January 10, 2012, the instant association publicly announced a bid for the selection of a contractor of the instant construction project, and the said public notice included a design modification ordered by the said association as a business to be conducted by the construction company.

On April 27, 2012, the Defendant was selected as a construction company in the bidding procedure, and entered into a contract for construction works with the instant union and the instant construction works with the construction cost of KRW 11,96,600,000.

3) Meanwhile, as to the instant construction project as of June 5, 2012 between the Defendant and the Plaintiff, the Plaintiff prepared and provided design documents and modified design documents concerning the instant construction project to the Defendant (hereinafter “instant design contract”).

) The design contract(A No. 4) was entered into and drafted with the following content:

Building design contract

1. Design contract title: Design service for extension of the Seoul Postal and Elementary School;

4. Contract amount: 700,000,000 won, and the surtax shall be separately imposed; and

On June 5, 2012, Article 3 (Scope of Services) The scope of services provided by the Plaintiff to the Defendant is the duty of preparing design documents and modified books for the construction of buildings.

Article 4 (Calculation of Service Fees and Method of Payment) (2) The remuneration for the design work may be paid in lump sum or in installments.

3. In the event that the price is paid in installments, the time of payment and the amount of payment shall be as follows in principle, but may be adjusted through consultation between the plaintiff and the defendant:

27.6% at the time of the original contract 27.6%,200,00.

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