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(영문) 청주지방법원 2020.12.09 2020가단5754
건축설계비
Text

The defendant shall pay to the plaintiff KRW 53,900,000 as well as 6% per annum from July 10, 2018 to July 1, 2020, and the next day.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs the architectural design business under the trade name of “D architect office”.

In Jeju, the Defendant is the owner of multi-family housing with the fourth floor size on the ground that is newly constructed on the ground of land E (hereinafter referred to as “instant land”).

B. On November 2017, the Plaintiff entered into a building design agreement with the Defendant, setting the contract amount of KRW 77,000,000 (including value-added tax) with respect to the instant newly built construction as follows:

(A: Defendant and Plaintiff: The price period under Article 2 (Contract Area and Period): Article 3 (Scope, etc. of Contracts) (1) at the time of completion from November to completion, 2017, the scope of the contract shall be determined by the work of preparing design documents for the construction of a building (hereinafter referred to as “design work”).

(3) The scope of design documents shall be limited to design documents (limited to construction, structure, machinery and equipment, and electrical equipment) required for the application for building authorization and permission under Article 6 (1) of the Enforcement Decree of the Building Act, and for any additional outsourcing arising during the course of granting the authorization and permission,

(e) Civil engineering, energy, cultural properties, and others) Article 4 (Methods of Calculation and Payment of Considerations) 3. The time of and amount to be paid in installments shall be determined as follows:

C. However, when the Defendant, a corporate, was unable to acquire the instant land, which is farmland, the Plaintiff and the Defendant obtained a building permit for a detached house (multi-family house) in the name of an individual F around March 2018, and agreed to obtain a change of the owner in the name of the Defendant and a procedure to obtain a permit for change of

Accordingly, the Plaintiff prepared the design documents necessary for the application for the instant building permit, submitted the building permit, etc. on behalf of the Defendant to the Jeju City Mayor on April 10, 2018 regarding the instant new construction project, and submitted the building permit, etc. on May 9, 2018 to the owner of the instant building, who changed the building from F to the Defendant from F, and the construction participants who changed the owner from F to the Defendant on July 9, 2018.

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