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(영문) 부산고등법원(창원) 2020.05.21 2018나12493
용역비
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant B-related 1) The Plaintiff between Defendant B and Defendant B on August 3, 2012, the Plaintiff is the Plaintiff’s Gangseo-gu Busan Metropolitan Government D-1,157 square meters (hereinafter “D site”).

(D) On the ground, neighborhood living and accommodation facilities of the 2nd and the 8th above ground (hereinafter “D building”).

(3) The term “D Design Contract” refers to a contract under which: (a) performance of the design work of a newly-built construction is performed; (b) performance of the design work is to be paid KRW 22.5 million for the contract; and (c) performance of the design work is to be paid KRW 82.5 million for the contract; and (d) performance of the construction work is to be paid KRW 2.5 million for the license; and (e) performance of the construction work is to be paid KRW 2.5 million for the license; and (e) performance of the construction work (hereinafter “D Design Contract”).

(2) On November 2012, 2012, after the execution of D design contract, the second floor building was completed on the adjacent land in the south direction of D site (hereinafter “instant adjacent building”).

3) The Plaintiff’s design drawings of the D building (hereinafter “D design drawings”).

(4) Defendant B completed a new construction contract with E Co., Ltd. on June 27, 2014, and completed the registration of ownership transfer to E Co., Ltd. on August 29, 2014.

5) Meanwhile, the Plaintiff received KRW 5,750,00,000,000 from Defendant B as the service price for D design contract (hereinafter “Fdong building”) on August 13, 2012, and KRW 5,7750,000,000,000,000,000,000,000,000,000,000 from January 16, 2013. (b) The Plaintiff, on May 22, 2013, between Defendant C Co., Ltd. (hereinafter “Defendant C”) and the Plaintiff on the ground outside two lots of land (hereinafter “Fdong site”), both the Plaintiff and the Plaintiff conducted the new design work for the new construction of the second and fourth floor neighborhood living facilities (hereinafter “Fdong building”) at the time of entering into a contract with the design service price, KRW 12 million at the time of obtaining the permission, KRW 150,000,00,00,00,00.

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