beta
(영문) 서울중앙지방법원 2019.02.15 2017가합508722

용역비

Text

1. As to the Plaintiff’s KRW 804,734,483 out of KRW 1,060,750,871 and the aforementioned money, the Defendant shall start on June 21, 2018 and start on June 81, 317.

Reasons

1. Basic facts

A. On October 22, 2010, the Plaintiff and the Defendant entrusted the Plaintiff with design services for the redevelopment of housing in B district, and the Plaintiff entered into a contract with the Defendant to receive the service cost of KRW 1,355,288,775 (i.e., value of KRW 1,33,00,000 value-added tax of KRW 22,288,775). The main contents of the contract are as follows.

(hereinafter referred to as the “instant project” and “the instant primary contract”). Article 3 (Scope, etc. of Contracts) ① The scope, etc. of contracts shall be determined by referring to “the scope of architectural design business and quality standard table” in attached Table 1.

(2) Detailed matters necessary for design, such as the preparation of completion books and building management books, shall be determined through consultation between the plaintiff and defendant.

Article 4 (Methods of Calculation and Payment of Price) (3) In the event of installment payment of the cost of design service, the time of payment and the amount of payment shall be determined as follows, but may be adjusted through consultation between the plaintiff and the defendant:

At the time of completion of the construction deliberation of 103,30,000 2,228,877,200 4,457,75,39,900,686,686,633 at the time of completion of the management and disposal approval of 309,900,686,633 when the management and disposal approval of 309,900,686,6333 was granted at the time of completion of the completion of the completion of the construction deliberation of 309,90,900,686,630,228,277,1001,333,000,000,228,228,75 (1) the Plaintiff may cancel the contract in whole or in part in any of the following cases:

1. When the defendant's duties are interrupted or delayed payment of the price so that the plaintiff's duties cannot be resumed within 60 days after the discontinuance of the plaintiff's duties. (1) In the case of suspension of all or part of the design duties under Article 14, the defendant must pay the plaintiff the price for the design duties already performed by the plaintiff.

(2) The whole or part of the design business has been interrupted due to reasons attributable to the plaintiff.