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(영문) 창원지방법원통영지원 2016.01.14 2013가합2272
설계대금반환
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 651,332,00 to the Defendant (Counterclaim Plaintiff) and its related amount from January 17, 2014 to January 14, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On December 2, 2011, the Plaintiff entered into a design service contract (hereinafter “instant contract”) on the apartment construction project (hereinafter “instant project”) with the Defendant and macrosiwon C (hereinafter “instant project”). The main contents are as follows.

-standard design contract for buildings -

1. Building name: Construction work of a new D apartment;

2. Location of a building site: C in a case of a grace period.

3. Design content: 1) The total floor area of a site: 60,500 square meters: Multi-unit housing (multi-unit housing (multi-unit housing) structure: 4 stories underground and 21 stories above ground: 8,800 square meters below total floor area: 151,180 square meters;

4. Contract area: 151,180 square meters.

5. Contract amount: The rights, duties, etc. between the certified architect (A and the plaintiff) who has reported on his/her services pursuant to Article 23 (1) of the Certified Architects Act shall be determined by Article 15 of the Building Act, and the rights, duties, etc. necessary for performing the design services entrusted to him/her by the owner (A and the plaintiff) pursuant to Article 23 (1) of the same Act;

Article 3 (Scope, etc. of Contracts) (1) The scope, etc. of contracts shall be determined by referring to the "Scope of construction design affairs and quality standards table" in attached Table 1 and omitted.

(2) Detailed matters necessary for design affairs, such as the preparation of construction completion books and building management books, shall be determined through consultation with Gap and Eul.

Article 4 (Calculation and Payment Method of Price) (1) The standards and method of calculating the price for design affairs shall be determined through consultation with Gap and Eul in accordance with the on-site conditions and design conditions, referring to attached Table 2 and omission.

(2) The price for the design business may be paid in lump sum, or in installments.

(3) In principle, when the price is paid in installments, the time of payment and the amount of payment shall be determined as follows, but adjustment may be made through consultation with A and B:

208,600,000 won or less upon receipt of project approval within 20248,60,600,000 won at the time of entering into a non-contract with the amount of payment, and the base ratio (%) adjustment (%) adjustment (%) adjustment ratio (%) within 302,90,000 won after the project approval within 15 days.

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