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(영문) 서울중앙지방법원 2018.05.16 2016가합554872
대여금
Text

1. The Defendant’s succeeding intervenor amounting to KRW 796,654,583 as well as 5% per annum from September 27, 2016 to May 16, 2018.

Reasons

1. Basic facts

A. On March 8, 2014, the Plaintiff, at the resolution of the Defendant’s general meeting of residents, was set up as the designer of the said project, at the resolution of the Plaintiff’s general meeting of residents, to implement a housing redevelopment project to construct apartment houses with a total floor area of 441,456.81 square meters and ancillary welfare facilities on the ground of 196,939.00 square meters above the site of the redevelopment site of 111-2 Seoul Metropolitan City, Seo-gu, Seo-gu, Seo-gu.

B. On August 27, 2015, the Plaintiff entered into a construction design service contract with the Defendant with respect to the instant project (hereinafter “instant contract”) with the following content.

Design contract title: Total contract amount: 4,847,60,000 won for design service for housing redevelopment rearrangement project in the Seo sub-three Zone: Construction design unit amount: 10,981 won per square meter of the total floor area (Provided, That the value-added tax shall be imposed separately) (the scope of service) to be provided to the Defendant by the Plaintiff is as follows:

Design service business: Affairs related to the preparation of a construction deliberation and authorization, permission map and working design map (hereinafter referred to as "design service") for the construction of a building;

(1) The standards and methods of calculating the cost of service costs are based on the specifications (10) (1) specifications (including building, landscaping, civil engineering, machinery, machinery, electricity, and purification), (12) specifications (12) specifications (construction, landscaping, civil engineering, machinery, machinery, electricity, and purification), (13) specifications (construction, landscaping, civil engineering, machinery, electricity and electricity), (14) preparation of related documents related to each of the preceding subparagraphs (15) specifications (15) specifications (including examination and seal of service costs) construction (6) specifications (including fire-fighting, telecommunication), and (7) mechanical complex specifications and drawings (including fire-fighting, telecommunication), and (9) specifications (including specifications, machinery, electricity, purification), and specifications (10) specifications (11) specifications (including construction, landscaping, landscaping, civil engineering, electrical engineering, and electrical construction) specifications (14).

Provided, That where on-site conditions and design conditions are special or work is added, it shall be determined by consultation between the defendant and the plaintiff.

(2) Design business;

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