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(영문) 대전지방법원천안지원 2019.05.22 2019가단100642
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 34,607,580 and the interest rate of KRW 15% per annum from January 23, 2019 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. 1) On May 1, 2015, the Plaintiff and the Defendant, on May 1, 2015, are accommodation facilities in the Nam-gu, Dong-gu, Dong-gu (hereinafter “instant building”).

2) The design contract for new construction (hereinafter “instant design contract”)

A) The design cost is KRW 49,160,00, but was paid KRW 14,748,00 at the time of the contract, KRW 19,64,00 at the time of receipt of the permit book, and KRW 14,748,00 at the time of completion of the permit. (2) The Plaintiff prepared the design drawing in accordance with the instant design contract, and applied for the construction permit for the instant building, and obtained the construction permit from the competent agency on June 19, 2015.

3) On behalf of the Defendant, the Plaintiff paid KRW 45,00, KRW 150,580 for license tax, and KRW 150,580 for the purchase of national housing bonds. [In the absence of any dispute over grounds for recognition, the purport of the Plaintiff’s argument as a whole

B. According to the facts found above, since the Plaintiff completed design services under the design contract of this case and paid on behalf of the Defendant a license tax and a discount fee for purchase of national housing bonds, the Defendant is obligated to pay to the Plaintiff a total of KRW 34,607,580 (i.e., total design cost of KRW 49,160,000) (i.e., total design cost of KRW 49,160,000), the down payment of KRW 14,748,000, the down payment of KRW 45,000, the national housing bond purchase discount fee of KRW 150,580) and damages for delay calculated at the rate of 15% per annum from January 23, 2019, the day following the delivery of the duplicate of the complaint of this case, to the day of full payment.

2. Judgment on the defendant's assertion

A. The defendant asserts that since the construction was not commenced due to the plaintiff's negligence after the construction permission, and the construction permission was revoked due to the failure to submit the construction report, the design fee cannot be paid to the plaintiff.

However, according to Gap evidence No. 7-1 and No. 2, the defendant submitted an application for extension of construction period at the time of YY due to the lack of project implementation funds on June 17, 2016.

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