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(영문) 서울중앙지방법원 2015.07.23 2014가합556843
용역대금 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The promotion committee for the establishment of the housing reconstruction and rearrangement project partnership (hereinafter “instant promotion committee”) is an organization organized to promote the housing reconstruction project (hereinafter “instant reconstruction project”) that sets the project area into the project implementation district of Seocho-gu, Seoul, Seocho-gu 2, 942 large scale 176,590 square meters (hereinafter “instant project area”).

B. On June 18, 2005, the instant promotion committee held a general meeting of residents and passed a resolution to commission the Plaintiff to the promotion committee to select the Plaintiff as the designer of the instant reconstruction project and to enter into the service contract. Accordingly, on August 23, 2005, the instant promotion committee entered into a design service contract with the Plaintiff with the contract amount of KRW 4,229,00,000 (excluding value-added tax) (hereinafter “instant service contract”). The main contents are as follows.

Article 3 (Scope of Services) (1) The scope of services entrusted by “A (the instant promotion committee; hereinafter the same shall apply)” to “B (the Plaintiff; hereinafter the same shall apply)” shall include the preparation of overall design books necessary for the implementation of a reconstruction project, such as basic plans, planning plans, basic plans and implementation plans for the construction of buildings, and other design documents and drawings necessary for the implementation of the reconstruction project, and all the affairs incidental thereto.

(2) The scope of services to be provided at the expense of "B" shall be as follows:

1. Confirmation of surrounding facilities (excluding the investigation of surrounding facilities necessary for the Si public announcement);

2. Preparation of master plans, planning plans, basic plans, working plans, and documents for completed designs;

3. Preparation and submission of the application books related to authorization and permission for a reconstruction project, and subsequent rental business ( Various impact assessment, construction deliberation, deliberation on building, deliberation on digging land, authorization for project implementation, report on commencement of construction, and inspection for use);

4. Preparation of books and support for affairs necessary for formulating maintenance plans and designating improvement zones;

5. Preparation of an administration map;

6. Preparation of construction specifications and various calculation statements;

7. Maintenance and management of design drawings, design changes;

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