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1. The Defendant’s KRW 89,00,000 as well as the annual rate of KRW 5% from October 5, 2013 to April 8, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a company with the purpose of building design, supervision, etc., and the defendant is a company with the purpose of real estate trade, lease and sale business.
B. On December 10, 2012, the Plaintiff entered into a contract with the Defendant for a new design service (hereinafter “instant design service”) with a total floor area of approximately 4,000 square meters, including a water 150 dong, Lestop and Carp, swimming pool, swimming pool, and Saridong, etc. (hereinafter “instant public waters”). The details of the instant design service contract are as follows.
Article 4 (Calculation of Price and Method of Payment) (1) The basis and method of calculation of price for design work shall be determined through consultation between the plaintiff and the defendant in accordance with on-site conditions and design conditions.
(2) The price for the design business may be paid in lump sum, or in installments.
At the time of completion of the permit to occupy and use public waters by December 21, 2012 when the contract with non-payment of 15,66,750,000 won was made, the payment period and amount of 15,750,000 won, including value-added tax of 156,75,000 won, when completion of the permit to occupy and use public waters by December 21, 2012, when the permit to occupy and use 2089,50,000 won was completed, the total of 156,750,000 won was completed at the time of completion of the sale of KRW 156,75,00,000, and the payment period and amount of 15,75,000 won was paid in installments, in principle, as follows:
Article 6 (Provision of Data and Duty of Good Faith) (3) The defendant may request the plaintiff to undertake his/her own will. The plaintiff shall faithfully perform his/her duties, reflecting the contents of the defendant's demand, and explain and advise the defendant on the design documents.
Article 8 (Preparation and Submission of Design Documents) (4) The defendant shall examine the results submitted by the plaintiff and shall have clear grounds, such as design errors.