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(영문) 수원지방법원 2019.12.17 2019나55996
용역비
Text

1. The judgment of the court of first instance is modified as follows.

2. The Defendant: (a) KRW 12,320,000 for the Plaintiff and its related expenses on July 4, 2018.

Reasons

1. The following facts of recognition are acknowledged as either of the parties to a dispute or as a whole together with the purport of the entire pleadings in the entry in Gap evidence 1 and 2:

A. On September 8, 2017, the Defendant entered into a construction design service contract with the Plaintiff, a building designer, for construction works related to ground vehicle-related facilities (hereinafter “instant contract”). The specific content is as follows.

Article 3 (Scope of Contracts, etc.) (1) The scope of basic duties of design services is the preparation of execution design documents (limited to architectural drawings) for application for building permission.

(2) The scope of additional services for design shall be the agency for a building permit, report on commencement, or application for approval for use.

Article 4 (Methods of Calculation and Payment of Price) Time of Payment and Standard Ratio (%) Adjustment (%) 30% at the time of the contract being non-paid and 5,280,000 won prior to the filing of the construction permit (the time of the submission of the design documents) 30% at the time of the contract, 5,280,000 won, including value added tax of 17,60,000 won prior to the approval of the use of KRW 1,760,000, and KRW 17,60,000, in principle, the timing and amount of payment shall be determined through consultation with the Plaintiff and the Defendant, but may be adjusted through consultation:

(4) Where a defendant fails to perform any additional duties, he/she shall settle accounts for all prices.

B. At the time of concluding the above contract, the Defendant paid KRW 5.28 million to the Plaintiff as the down payment.

2. The parties' assertion

A. On October 30, 2017 under the instant contract, the Plaintiff submitted a construction permit application design to the Defendant, and thereafter, the Defendant was unable to obtain a loan from a financial institution, and the construction was not carried out. The Defendant is obligated to pay to the Plaintiff KRW 1,232,00,00 (= KRW 17.6 million - 5.28 million - 5.28 million), which was calculated by deducting the service price of KRW 17.6 million under the instant contract, from the service price of KRW 17.6 million pursuant to Article 4(4) of the instant contract.

B. The plaintiff is the defendant.

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