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(영문) 서울중앙지방법원 2016.12.02 2014가합594685
손해배상(기)
Text

1. The Defendant’s KRW 46,800,000 for the Plaintiff and 6% per annum from November 29, 2011 to December 2, 2016.

Reasons

1. Basic facts

A. KB real estate trust company (hereinafter “KB real estate trust”) and KB real estate trust company (hereinafter “KB real estate trust”)

2) As an engineer, the company is Sud new L&C Co., Ltd. (hereinafter referred to as “C&C”).

) As an executor, the company promoted a project to build a main complex building on a site of 379-15 square meters in Dongducheon-dong 379-15,902.09 square meters (hereinafter “instant project”). The site subject to the project is “the instant site” and the building intended to be constructed as the instant project is “the instant building”.

(2) On February 5, 2010, Jindo Co., Ltd entered into an agreement on the business of construction of the instant building, 2010, stating that a brick engineering will be entrusted with the construction of the instant building with the Mindo Engineering Co., Ltd. (hereinafter “BC”).

B. On February 9, 2010, Hongdi&C entered into a design service contract with the Plaintiff (i.e., the conclusion of the design service contract with the Plaintiff) entered into a design service contract with the content that the Plaintiff takes charge of all the matters relating to the construction design of the instant project, and Hongdi&C entered into a design service contract with the Plaintiff in return for the payment of KRW 880,000,000 (excluding value-added tax) for the service cost (hereinafter “instant design service contract”).

(2) On February 12, 2010, the Plaintiff paid down payment of KRW 88,00,000 and value-added tax of KRW 8,800,000 to the Plaintiff. (2) On May 4, 2010, the case trust, which is the executor of the instant project, applied for a deliberation on the construction plan of the instant building at Dongcheon-gu, 2010, and the Plaintiff prepared and submitted the design drawings necessary for the deliberation on the said construction plan (hereinafter “deliberation drawings”) by exchanging the opinions with the brick engineering, the contractor, in accordance with the design service contract of the instant case.

3 On May 11, 2010, Dong ducheon-si deliberated on a construction plan applied by the K non-trust, and 30 vehicles, such as expansion of the number of parking lots and expansion of access parts to the parking lot entry.

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