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(영문) 서울중앙지방법원 2017.02.02 2015가단5057815
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 18, 201, the Plaintiff is an association established for the purpose of rebuilding and rearrangement project for the Nam-gu Incheon Metropolitan City and D, and entered into a design service contract with the Defendant (comprehensive architectural office E) regarding the said new apartment construction project. The main contents of the contract are as follows.

Article 1 (Abstract of Design)

5. Design service period: From the contract date to the issuance of the inspection completion certificate.

6. Contract amount: Article 2 (Scope of Services) of the Hacheoncheon-gu, Mancheon-do, Mancheon-do, (259,065,00 Won) (VAT).

1.(a)

Preparation of Basic and Executing Design Documents and Seal of Completion Books

6. The defendant's work performance period shall be from the date of this contract to the date of issuance of the certificate of usage inspection.

The delivery period of the execution design documents: The drawings shall be supplied to obtain the approval of the plaintiff so as not to hinder the commencement of construction works.

(within two months after completion of the project implementation authorization)

7. The plaintiff may request the defendant to change the contents set forth in the preceding six paragraphs according to the plaintiff's circumstances, and the defendant shall comply with such request.

Article 4 (Contents and Payment of Design Cost)

1. The total amount of the design expenses shall be Leecheon-gu, Mancheon-gu, Mancheon-do, (259,065,00 won);

(VAT Map)

3. The design cost shall be paid as classified into:

7,719,500 won (30%) after filing an application for authorization to implement the project: Two times after filing an application for authorization to implement the project: 77,719,50 won (30%): Three times after the authorization to implement the project is granted: 77,719,50 won (30%) after the delivery of books for construction works: 4 times after the authorization to approve the use of KRW 25,906,50 (10%) (the termination of the contract) and the Plaintiff and the Defendant agree to terminate the contract, or when any of the following causes occurs:

In such cases, when the plaintiff approves the defendant's progress and recognizes it as a result, he/she may settle and pay the remuneration equivalent to the performance to the defendant.

3. Where the defendant is deemed unable to perform services any longer due to other reasons.

7.A failure to perform, or complete, the work by the deadline specified in this Agreement due to a cause attributable to the defendant.

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