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(영문) 청주지방법원 2014.12.17 2014가합26504

용역비

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of waste disposal business, etc., and the Defendant is a corporation with the purpose of heat supply and electricity generation business.

B. On January 6, 2014, the Plaintiff and the Defendant entered into a contract for the provision of services for crushinging pine trees that the Defendant felled to the Plaintiff and processing them with chips (hereinafter “instant service contract”). The contract period from January 6, 2014 to January 31, 2014, and the service price is 106,40,000 won applying 9,500/1 to 11,200 tons of vehicle crushing estimated amounting to 11,200 tons based on weight (i.e., 11,200 tons x 9,500 won x value-added tax). The weight unit that forms the basis for the service price shall be ton, and the Plaintiff shall confirm the preparation of a public notice of good faith for chips that were broken by the Plaintiff and notify the Defendant thereof.

C. From January 6, 2014 to March 6, 2014, the Plaintiff processed pine trees cut in accordance with the instant service contract by crushing them into chips through the extension of the term of the instant service contract from March 31, 2013. However, the Plaintiff did not complete the preparation of a map by means of an authorized position for all remaining, excluding some of them.

On February 4, 2014, the Plaintiff calculated the amount of KRW 98,724,00 on January 2, 2014 (i.e., 25,980 cubic meters x 3,800 cubic meters x value-added tax) by applying the unit price of crushing 3,800 won/1 cubic meters with respect to the instant service agreement to the Defendant on February 4, 2014 (excluding value-added tax).

B sent B. On February 10, 2014, the Defendant sent the electronic tax invoice of KRW 77,000,000 to the Ethical clinic designated by the Defendant on January 31, 2014.

On the other hand, on February 11, 2014, the Defendant paid KRW 77,000,000 to the Plaintiff via a transfer of account.

E. On March 3, 2014, the Plaintiff also applied the unit price of crushing 3,800 won/1 cubic meters based on volume to the Defendant as well as the service price on February 3, 2014, by applying the unit price of crushing 3,800 won/1 cubic meters.