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(영문) 서울동부지방법원 2015.07.16 2014가단27082
계약금반환
Text

1. The Defendant’s KRW 16,00,000 and the Plaintiff’s annual rate of KRW 5% from August 13, 2014 to July 16, 2015.

Reasons

1. Basic facts

A. On August 23, 201, in the name of the Plaintiff and the Defendant, a building design service contract (hereinafter “instant contract”) was concluded regarding the construction of a nearby and urban-type residential housing (hereinafter “instant contract”) in the name of the Plaintiff and the Defendant. The main contents of the instant contract are as follows.

Design contract title: The location of the site for the construction of a new urban-type residential housing site in Chungcheongnam-si: C, Chungcheongnam-si, Chungcheongnam-si, and D (2 lots): 1,00.90 square meters (302.77 square meters): The purpose of use: The total floor area of Class II neighborhood living facilities and urban-type residential housing 3: the third floor above ground and the 12th floor above ground: the total floor area of 4,629 square meters (1,40 square meters as of reinforced concrete 5): The contract amount of 1,629 square meters (1,400 square meters): The contract amount of Article 1 (general provisions) of the Building Act and Article 15 of the Certified Architects Act and Article 23(1) of the Certified Architects Act necessary for the performance of design business entrusted by the owner to the certified architect registered under Article 23(1) of the Certified Architects Act.

1. The period of performing design service shall be from August 23, 201 to October 201 (75 days);

2. Contract area: The scope of services provided by the defendant to the plaintiff under Article 3 (Scope of Services) of Article 3 (Scope of Services) of the 4,629 square meters (based on 1,400 square meters, 3rd underground floors) shall be the duties of preparing the basic design drawings, the working design drawings, and other design plans necessary for the execution of

Article 4 (Calculation of Service Costs and Payment Method) (1) The calculation basis and the protection of the service costs shall be based on the remuneration standard.

Provided, That where on-site conditions and design conditions are special or work is added, they shall be determined through consultation with the plaintiff and the defendant.

(3) In the case of installment payments, the time of payment and the amount of payment shall, in principle, be as follows, and may be adjusted through consultation between the plaintiff and the defendant:

The payment rate shall be 40,00,000 Won 8/230,000 shall be paid at the time of the service contract with the payment rate of 40%,00,000. The payment shall be made on a gold day prior to the delay in 2011.

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