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(영문) 수원지방법원 2018.05.24 2015가합68174
계약상대자 지위 확인의 소
Text

1. The Defendant: 134,217,031 won to the Plaintiffs and 6% per annum from June 5, 2015 to May 24, 2018.

Reasons

1. Basic facts

A. The Plaintiff DNA architect, Inc., is a company specializing in architectural design business, while the Plaintiff Suwon Engineering Co., Ltd, is a company mainly engaged in electrical design, comprehensive supervision, etc.

B. On August 12, 2014, the Defendant offered a bid to propose the construction design and the production and installation of exhibits of the “C development project” (hereinafter “instant project”) to the Gangwon-gun A (hereinafter “Gang Changwon-gun B”) (hereinafter “instant project”). The design proposal submitted to the Defendant by forming a joint supply and demand organization by the Plaintiffs was elected to the construction design sector of the said public offering on November 14, 2014.

C. On December 30, 2014, the Plaintiffs entered into a design service contract (hereinafter “instant contract”) with the Defendant, which includes the following:

The name of the service contract: The contract amount of the design service of the C development project: 149,00,000 won: the date of commencement: January 2, 2015: the date of completion: April 1, 2015: the service period: the total of 90 days from the commencement date: the general provisions of Chapter I.

(3) Project location (1) Project location (2) Site size: Green belt, neighboring park (A site area: 11,802 square meters: 2: Ground2; 【within 200 square meters (including value-added tax): Estimated construction cost: 4,025 million won: design cost (including value-added tax): 161,280,000 won in total (including site preparation), such as construction, civil engineering (including building site preparation), machinery, telecommunications, fire fighting, and landscaping (excluding exhibition space construction), and design is to be made within the project budget (excluding a claim for design service cost for increased amount). (d) Project implementation shall be conducted without any interruption in a reasonable project plan; and in the following cases, the project implementation period may be modified with the approval of the "Yang Chang-gun" (hereinafter referred to as the "Song-gun") or the "head of the workplace":

(2) Where the work is suspended due to the notification of the project owner. (3) A change in the project owner's plan shall change the details of task.

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