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(영문) 울산지방법원 2015.08.21 2014가단64034
손해배상(기)
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 13,100,000 against the Defendant (Counterclaim Plaintiff) and its related amount from July 10, 2015 to August 21, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. (1) On February 25, 2014, the Plaintiff entered into a building design contract with the Defendant (hereinafter “instant contract”) with the following terms and conditions, including the conclusion of the contract between the Plaintiff and the Defendant.

The name of a building: Ulsan-gu, Dong-gu, D, E Design - Site area: 1,971 square meters (596.22 square meters): - One complex: 5 stories on the ground of an underground floor, 2 complexes: 5 stories on the ground of an underground floor - 1 complex: 316.96 square meters, 2 complexes: 315.96 square meters: 1 complex: 1 complex: 1: 17.17 square meters, 2 complex: 130.01 square meters, 300.01 square meters, and 45 million won (excluding value-added tax) in installments, and in principle, the time of payment and the amount of payment shall be determined through consultation with the Plaintiff, and in principle, by the Defendant:

Article 11 separate sheet of value added tax of KRW 13,500,000 for the receipt of a construction permit of KRW 40 18,500,000 upon the receipt of the construction completion of KRW 300,000 at the time of a non-fixed contract for the amount of payment (%) payment for the amount of 30,50,000,000,000.

Article 17 (Cancellation and Termination of Contracts by Plaintiffs) (1) Where all or part of the design work has been interrupted pursuant to Articles 13 (Cancellation and Termination of Contracts by Defendants) and 14 (Cancellation and Termination of Contracts), the Plaintiff and the Defendant shall pay the price for the design work already performed.

(2) Where all or part of the design business has been interrupted due to a cause attributable to the defendant, the payment for the price already paid by the plaintiff shall be refunded.

Article 23 (Matters of Special Agreement)

1. Submit the final design drawings by March 31, 2014;

2. The defendant shall be liable for authorization and permission for neighborhood living facilities;

When it is impossible to obtain permission due to a neighborhood living facility, he/she shall be liable for damage therefrom.

3. The completion of the building authorization shall be completed by April 30, 2014.

(ii).

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