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(영문) 서울고등법원 2019.02.13 2018나2022433
용역비
Text

1. Of the part against Defendant C Co., Ltd. in the judgment of the court of first instance, the part against the Plaintiffs ordering payment below.

Reasons

1. Basic facts

A. On February 19, 2009, the Mayor of Dongdaemun-gu Seoul and 22,908 square meters of land outside Dongdaemun-gu were designated as the F market improvement zone and the Defendant C Co., Ltd. (hereinafter “Defendant C”) was designated as the project implementer representative for the F market improvement project (hereinafter “instant improvement project”).

B. G (hereinafter “G”) is a parent company (parent company) with 95.52% of the shares issued by Defendant C, which is established for the purpose of a market improvement project, and H concurrently holds the office of representative director of G and Defendant C.

C. The Plaintiff Company A (hereinafter “Plaintiff A”) is a company that engages in urban planning and construction design business, and the Plaintiff B is an architect who operates a mutual architectural firm called “I”.

On December 10, 2012, Plaintiffs and G drafted a market improvement project design service contract for the design service of the instant rearrangement project.

The contract under the above contract is a design contract for the building "the first service contract of this case"

1. Title of service: The instant rearrangement project;

2. Location of a building site: Dongdaemun-gu Seoul Metropolitan Government E-ray.

3. Scale of business;

(a) Area of a project site: 16,091 square meters (4,867.56 square meters);

(b) Total floor area: 242,294 square meters (73,74 square meters).

(c) Use: Multi-family housing, sales facilities, educational research and facilities for the elderly and children;

(d) Scale: Sixth underground floors and fifty-fiveth ground floors;

4. Amount of service: A certified architect (1): G architect (2): The period for performing design service under Article 2 (Service Period) of the detailed contract terms of Plaintiff B from the contract date to the completion of the inspection for use.

Article 3 (Scope of Services and Exclusion) (1) The scope of services to be provided to A shall be the preparation of basic design drawings, working design drawings, and other design documents necessary for the execution of construction works (hereinafter referred to as “design works”).

(hereinafter) section 4 (Service Amount) ① The total amount of services shall be applied to the total floor space of the draft basic plan (81,500/ square).

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