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(영문) 부산지방법원 2017.04.26 2015가합46723
설계용역비 청구의 소
Text

1. The Defendant’s KRW 614,80,000 as well as the Plaintiff’s annual rate of KRW 6% from October 1, 2015 to April 26, 2017.

Reasons

1. Basic facts

A. On July 20, 2005, the Plaintiff concluded a design service contract (hereinafter “first design service contract”) with the content that the design service of the C Apartment Construction project located in the Nam-gu Seoul metropolitan area (hereinafter “instant project”) is set at KRW 1,008,00,000 (excluding value-added tax) and that the contract is awarded for the said project, which is executed with the risen Construction Co., Ltd. (hereinafter “Enhancement Construction”).

In addition to the first design service contract on the same day, the Plaintiff entered into a contract for traffic impact assessment and district unit planning (hereinafter “each of the instant additional contracts”) which set the service cost of KRW 70,000,000,000, which set forth the service cost of KRW 80,000.

B. At the time of the conclusion of each of the above contracts, rise construction paid to the Plaintiff KRW 302,400,000 in advance under the design service agreement and KRW 40 million in total as the down payment under each of the instant additional contracts.

302,400,000 "Advance payments" at the time of non-fixed-term contract

At the time of application for project approval, 20% 20,000,000 at the time of completion of project approval, 10% 102,40,000,000 at the time of application for project approval, 10% at the time of application for approval for use of 30% 302,400,000 at the time of delivery of shop drawings

J. 100% 1,008,000 Additional Tax Table

C. Following the conclusion of the work performance agreement entered into with the Defendant, the Defendant agreed to succeed to all the rights and obligations under the first design service agreement and each of the instant additional contracts for the increased construction.

Accordingly, on September 15, 2005, the Plaintiff concluded a design service contract for the instant project (hereinafter “second design service contract”) with the Defendant again.

The main contents, service costs, etc. specified in the design service contract shall be the same as the content of the first design service contract, and the details related to the payment of service costs shall be as follows:

The defendant shall make the plaintiff on October 14, 2005.

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