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(영문) 서울중앙지방법원 2014.12.12 2014가합18365
설계용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 251,00,000 as well as 20% per annum from February 20, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On May 9, 2011, the Plaintiff entered into a design service contract between the original Defendant and the Defendant (hereinafter “instant house”) with the apartment house newly built on the ground of Jongno-gu Seoul Metropolitan Government (hereinafter “instant apartment house”).

As to the owner, the design service contract consisting of the Defendant, the designer, the Plaintiff, and the amount of KRW 100 million (hereinafter “instant 1 service contract”).

(2) On June 16, 2012, the Plaintiff concluded a design service contract with the Defendant with respect to the title “E” (hereinafter “instant building”) of the building to be newly built on the land outside Jongno-gu Seoul, Jongno-gu, Seoul (hereinafter “instant building”) with the owner of the building, which is KRW 150,000,000,000 for the Plaintiff, designer, service cost, and successful case cost (hereinafter “instant second service contract”).

B. The Plaintiff fulfilled the design duty of the instant housing under the instant 1 service contract. After completion of the instant housing, the Plaintiff completed the registration of ownership preservation under the Defendant’s name on March 7, 2012. (2) The Plaintiff fulfilled the design duty of the instant building under the instant 2 service contract, and obtained the construction permit by performing the design duty of the instant building, and accordingly completed the instant building.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay damages for delay at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 20, 2014 to the date following the delivery date of the original original copy of the instant payment order, with the amount of KRW 51,00,000,000, excluding the amount of KRW 49,000,000,000,000,000,000 for the service payment of the instant 2 service contract, and the amount of KRW 51,50,000,000,000,000,000,000

B. The Defendant’s assertion on the Defendant’s assertion is subject to the Certified Architects Act.

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