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(영문) 서울남부지방법원 2018.06.12 2016가단11930
설계비
Text

1. The Defendant’s KRW 50,000,000 as well as 6% per annum from October 15, 2013 to June 12, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an architect running the building office C, and the Defendant is a corporation running the construction business as its business purpose.

B. (1) Around April 2010, the Plaintiff entered into a design contract (hereinafter “instant design contract”) with the Defendant on the following grounds: (a) the Plaintiff provided the Defendant with shop design services regarding the new construction of the instant building E on the land outside D and two parcels (hereinafter “instant land”); and (b) the Defendant entered into a design contract with the content that the Defendant pays the design price to the Plaintiff (hereinafter “instant design contract”).

(2) On October 2010, the Plaintiff applied a 8-meter road along the instant land as a current status, and said building is “the first shop design” in which the instant building was designed on the scale of 2,719 square meters, 10 square meters on the ground, 10 square meters on the ground, 57 households on apartment, and 8 units of officetels.

(3) On November 1, 2010, the Plaintiff filed an application for a building permit for the instant building with the primary design drawings attached to the mayor of Pakistan, and notified that “A 19 or more households’ building permit and housing construction project should have a population allocated according to the basic urban planning, but it is impossible to reach an agreement on the ground that there is no population to be distributed more than 520,000 in excess of the planned population according to the basic urban planning,” the Plaintiff withdrawn the above building permit application on November 9, 2010. (c) On the other hand, the developments leading up to the application for design change and the second building permit before the first shop design, and the construction of the instant building was planned at a 30-meter road connected to the instant land prior to the first shop design, and as such, the building could have been designed by applying the said 30-meter road as the present condition, if designed, increase the total floor area, etc. of the instant building in the process of preparing for the instant building by applying the said 30-meter building permit.

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