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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. On January 31, 2014, the Defendants, both of whom and their children, entered into a contract with the Plaintiff to engage in the construction design business, etc. on the instant land (hereinafter “instant land”) to newly build medical facilities and neighborhood living facilities on the E, F, and Il-gu, Ilyang-gu, U.S., Seoul (hereinafter “the instant land”). However, the Defendants entered into a contract with the Plaintiff to take charge of design business and authorization business of commercial building construction in KRW 200,00,000,000 according to the reduction of the design area, and subsequently reduced the service cost to KRW 260,000,000 at the time of the contract, KRW 20,000,000 at the time of the submission of the plan design documents (review), KRW 80,000,000 at the time of the completion of the contract, and KRW 40,000,000 at the time of completion of construction (approval for Use).
(hereinafter “instant primary contract”). B.
The Plaintiff, based on the instant first contract, prepared and submitted the planning design documents and execution design documents, and obtained a construction permit from the competent authority. The Plaintiff received a construction permit from the Defendants as the service price of KRW 20 million on January 30, 2014, KRW 20 million on September 4, 2014, KRW 20 million on September 28, 2015, and KRW 20 million on April 28, 2015.
C. However, while the Defendants intended to change the purpose of the new building from medical facilities and neighborhood living facilities to officetels, they suspended the implementation of the first contract of this case and requested the Plaintiff to make an alteration of the design drawing for the construction of officetels.
On May 20, 2015, Defendant B prepared a summary stating that “100 million won for the construction permit is to be settled along with interest of KRW 500,000 per month.” On May 20, 2015, Defendant B prepared and delivered to the Plaintiff a summary stating that “The cost of the design change to an officetel shall be paid KRW 80,000,000.”
(hereinafter “the second contract of this case”). E.
On July 22, 2015, the Defendants paid KRW 20 million out of the service cost of KRW 80 million under the instant secondary contract to the Plaintiff.
F. The Plaintiff is while carrying out the work of preparing design drawings in accordance with the instant second contract.