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(영문) 부산지방법원 동부지원 2018.03.29 2017가단208845
채무부존재확인
Text

1. The plaintiffs' obligations based on the construction design contract for the building on the D-ground building in Busan Metropolitan City between the plaintiffs and the defendant.

Reasons

1. Basic facts

A. On May 2016, the Plaintiffs awarded a contract for the design service to the Defendant in order to newly build accommodation facilities on the ground of Busan Shipping Daegu D, and the Plaintiffs and the Defendant drafted a design contract around October 4, 2016, following consultation with the Plaintiffs.

(hereinafter “instant contract”). (b)

The main contents of the instant contract are as follows.

Article 2 (Contract Area and Period): (2) The price period: From September 1, 2016 to October 5, 2016, Article 4 (Methods of Calculation and Payment of Price) (1) The standards and methods of calculating the price for the design work shall be determined through consultation between the Plaintiffs and the Defendant in accordance with the field conditions and design conditions, referring to attached Table 2.

(2) The price for the design business may be paid in lump sum, or in installments.

3. In principle, when the price is paid in installments, the time and amount of the payment shall be determined as follows, but the Plaintiffs and the Defendant may consult with each other:

Article 11 (Performance Delay of Value-Added Tax of KRW 17,00,000 at the time of filing an application for approval for use at the time of filing a commencement report at the time of issuance of the certificate of KRW 50% 5,00,000 at the time of non-permission for construction, 50% 8,500,000 at the time of non-permission for construction. 20% at the time of receipt at the time of receipt of the certificate of KRW 30% 3,500,000 at the time of receipt (100), Article 11 (Performance Delay) of Value-Added Tax of KRW 10,00,000.

(2) If the defendant fails to complete his/her duties within the agreed period, he/she shall pay to the plaintiffs compensation for delay equivalent to 2.5/100 of the price for each one day of delay.

(3) Where implementation has been delayed due to unavoidable reasons, such as natural disasters, or reasons not attributable to the defendant (to review design documents of the plaintiff, to revise design documents at the request of the plaintiffs), the days of delay under paragraph (2) shall be excluded.

4. The plaintiffs may deduct the penalty for delay from the amount payable to the defendant.

Article 13 (Cancellation and Termination of Contracts by Plaintiffs) (1)

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