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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. Comprehensively taking account of the purport of the entire arguments in the statement Nos. 1 and 2 as a whole, the Plaintiff entered into a design and supervision contract with the Defendant on December 21, 2012 with the content that the design and supervision of the building on the Dongdaemun-gu Seoul Building C, which the Defendant newly built, shall be KRW 14,30,000 (including design KRW 12,100,200,000, and value added tax) in total, and the service cost shall be paid by dividing the design contract by 40%, 50% at the time of permission, and 10% at the time of completion (hereinafter “instant design and supervision contract”). The Plaintiff completed the design and supervision under the said contract, and the newly constructed building may be recognized as having obtained approval for use on December 13, 2013.
2. According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder 2,080,000 won remaining after deducting the amount of 12,220,000 won which the Plaintiff had already received from the service charges of 14,30,000 won under the design and supervision contract of this case, and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from December 13, 2013 to April 21, 2015, which is the date of service of the original copy of the payment order of this case, and from the following day to the date of full payment, 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
The defendant asserted that the plaintiff failed to perform his/her duty under the design and supervision contract of this case and caused damage to the defendant, and argued that the plaintiff set off the plaintiff's service payment claim against the defendant. However, the defendant had already filed a lawsuit against the plaintiff for the payment of the above damages on August 27, 2014, and considering that the above lawsuit is pending in the appellate court (Seoul High Court 2020Na12136), the defendant revoked the above set-off claim on the fourth day for pleading of this court.
3. If so, the plaintiff's claim shall be accepted on the ground of the reasons.
The judgment of the court of first instance is consistent with this conclusion.