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(영문) 서울북부지방법원 2014.12.10 2014가합4297
설계용역대금
Text

1. The Defendant’s KRW 197,019,60 for the Plaintiff and KRW 6% per annum from July 9, 2014 to December 10, 2014.

Reasons

1. Facts of recognition;

A. On May 10, 2003, the Plaintiff and the Defendant concluded a service contract for design of A redevelopment project (hereinafter “instant contract”). The main contents are as follows.

Site area: approximately 19,928.6 site area: The total floor area of Dongdaemun-gu Seoul Metropolitan Government B construction: approximately 53,790 square meters service performance: The plaintiff shall complete his/her performance in good faith without violating the purpose of service in accordance with the scope and method described in the design service order, and the defendant shall pay service costs.

Service costs: 1,506,120,000 won (excluding value-added tax): 28,000 won: - Standard total floor area: approximately 53,790 square meters - The service costs shall be paid to the Plaintiff as follows. The Defendant shall pay the service costs to the Plaintiff. Since the service costs are calculated on the basis of the total floor area at the time of approval of the project plan, the service costs shall be calculated on the basis of the amount determined on the basis of the total floor area. As such, the service costs shall be the amount calculated on the basis of the amount determined on the basis of the total floor area, 10% of the monthly payment rate of 301,224,000 and 10% at the time of designation of two zones 150,612,000 at the time of application for approval of the three projects: 201,224,2004, 2001, 2000, 2000, 2010, 2016, 2016,2000.

B. On August 4, 2004, the Defendant obtained the approval from the head of the competent Gu as an association establishment promotion committee pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the Seoul Mayor designated and announced the A-Housing Redevelopment Improvement Zone as C public notice of Seoul Special Metropolitan City on November 13, 2008.

C. The Plaintiff completed the work of preparing design documents necessary for the Defendant to be designated as the redevelopment improvement zone, and received KRW 300 million from the Defendant as the down payment for the instant contract.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 7, and 10, the purport of the whole pleadings

2. The above-mentioned facts are examined as to both parties' arguments.

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