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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On May 15, 2012, the Plaintiff entered into a service contract with the Defendant to perform design business for changing the purpose of use from 7th to 10th floor among the buildings of 10th floor above the ground and 10th floor above the ground (hereinafter “instant building”) located in Ulsan-gu, Ulsan-gu, the Defendant owned (hereinafter “instant contract”) and paid KRW 29,000,000 to the Plaintiff as down payment. The Plaintiff agreed to receive KRW 10,000,000 at the time of the contract submission of the interim design documents (the time of receipt of the change of use), and KRW 9,00,000 at the time of the submission of the execution design documents (the completion of the change of use), and the Defendant paid KRW 10,000,000 to the Plaintiff as down payment.
B. After that, the Plaintiff and the Defendant changed the subject matter of the instant contract from the sixth to the tenth floor of the instant building into a medical facility. The Plaintiff completed the design for the pertinent floor and applied for permission for change of the purpose of use on August 3, 2012 with working design drawings attached to the office of Ulsan Metropolitan City, Ulsan Metropolitan City, and obtained permission for change of the purpose of use on August 3, 2012.
C. On September 26, 2012, the Defendant filed a request for disclosure of information on the shop design drawings submitted by the Plaintiff at the time of filing an application for change of use with the head of Ulsan Metropolitan City south-gu, and obtained a copy of the above shop design drawings.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 10, the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged before the judgment on the cause of the claim, the Plaintiff completed the performance of the design business under the instant contract, and the Defendant is obligated to pay the Plaintiff the amount of KRW 19,00,000 for the service payment and the delay damages therefrom, barring any special circumstance.
B. The defendant's assertion (1) The defendant set the design service cost of 29,000,000 won by changing the purpose of the use of the whole 12 stories of the building of this case, but in fact the plaintiff.