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(영문) 수원지방법원평택지원 2016.05.25 2014가합10610
설계비 등 지급청구
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 3,149,960 to the Defendant (Counterclaim Plaintiff) and against this, from March 29, 2016 to May 25, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

Around July 201, the Plaintiff entered into the first design and supervision contract and Defendant B entered into a design and supervision contract on urban-type residential housing (hereinafter “instant building”) with a scale of 64 households to be built on Pyeongtaek-si D and two lots (hereinafter “instant land”).

The parts related to the instant case among them are as follows:

Design and Supervision Contract

4. Design cost by contract amount, by value-added tax: 60,000 won per day: The supervision cost shall be based on the supervision rate of the construction supervision and operation council for construction works in the area of

Terms and Conditions of Contracts

1. The construction cost of the office building in the 12th floor of the Plaintiff’s 12th floor shall be three million won per square year.

2. A final fixed design and supervision costs shall be settled from the total amount of the construction cost of a building, and a separate settlement shall be made in cash after the approval for use of the building is disposed of;

3. A building permit shall be handled in such a way that the plaintiff can directly perform the construction work supervision if an application is filed under the joint name of the plaintiff and the defendant B.

4.A geological survey shall be added to 12,00,000 won, including building details, other actual expenses, basis for calculation, and daily remuneration, and three geological surveys shall be added to 1,500,000 won other than the contract.

5. The Plaintiff is not related to the construction work and design supervision cost.

Around that time, the Plaintiff prepared and provided the design drawings under the previous contract (hereinafter referred to as “instant design drawings”) to Defendant B.

On October 12, 201, the Plaintiff and the Defendants obtained the following building permission (hereinafter “previous building permission”) regarding the instant building from the head of Pyeongtaek-si around October 12, 201.

The main purpose of the building owner and the Defendants is 2,96.64 square meters of total floor area (use rate calculation) of 2,96.64 square meters of total floor area (use rate calculation) 2,996.64 square meters of total floor area (use rate calculation) of 531 square meters of building area of 571 square meters of building site area, 371.44 square meters of building area of 37.95 square meters, and 564.34 percent of total floor area of 12 stories

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