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(영문) 수원지방법원 2018.10.04 2017나85511

용역비

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

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Reasons

1. Facts of recognition;

A. On September 2015, the Plaintiff received a contract with the Defendant for the design service of the apartment building construction project (hereinafter “instant construction project”) that was promoted in the Jeonnam-gun A (hereinafter “instant construction project”) from the Defendant as the contract price of KRW 825,750,00 (the amount in excess of the scale of national housing and neighborhood living facilities are value-added tax separately).

(hereinafter referred to as “instant contract”) b.

Around December 2016, the Plaintiff terminated the instant contract, and around December 26, 2016, between the Defendant and the Defendant, the settlement agreement was made to the effect that “The service cost shall be KRW 171 million (where the Defendant paid KRW 55 million to the Plaintiff, and the Defendant paid KRW 66 million to the Plaintiff, KRW 160 million). The amount shall not include the amount paid by the Defendant to the Plaintiff, but shall include the service cost of B and C (construction design), including the amount paid by the Defendant to the Plaintiff (hereinafter “instant settlement agreement”).

C. On February 2, 2017, the Defendant paid KRW 166,990,810 (including value-added tax of KRW 161,00,000,000) to the Plaintiff via the KCA Director-General.

The Defendant paid to the Plaintiff KRW 30 million on September 21, 2015, KRW 10 million on April 29, 2016, KRW 10 million on August 9, 2015, KRW 55 million on September 13, 2016, and KRW 50 million on September 13, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 3, Eul evidence 5, Eul evidence 6, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the Defendant excluded value-added tax as seen earlier, as seen earlier, from the amount of KRW 171 million, which was paid from February 2, 2017, the amount of KRW 161,000,000,000, which was stipulated in the instant settlement agreement, to the Plaintiff, barring special circumstances.

The obligation to pay damages for delay calculated by the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 16, 2017 to the date of full payment, which is the following day after the copy of the complaint of this case and the copy of the complaint of this case is served on the defendant.

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