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(영문) 인천지방법원 2018.06.08 2017나57588

용역비

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. The reasoning for the court’s explanation on this part of the facts is as stated in the pertinent part, except for the deletion of not more than 3 lines below the second instance judgment (1.c.). Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion

A. The primary claim is that the Plaintiff is obligated to pay the Plaintiff KRW 54,582,00 as well as damages for delay, since the service cost calculated at the ratio of the contract price to the contract price is KRW 54,582,00, in accordance with the instant service contract, by preparing the drafting of the instant case (including the evidence No. 5, number No. 5), and the service cost calculated at the ratio of the contract price to the contract price.

B. At the time of the conclusion of the instant service contract, the conjunctive claim Defendant agreed to pay the Plaintiff the down payment of KRW 44 million, and the Plaintiff performed part of the instant service contract without receiving the down payment. As such, the Defendant is liable to pay the Plaintiff the said KRW 4 million and delay damages.

3. Judgment on the main claim

A. (1) Determination as to the cause of the claim 1) Specific and detailed content of the instant service contract, namely, the instant service contract, i.e., Sipoposi B (hereinafter “instant land”).

(2) Article 2) of the former Act provides that “Where all or part of the service duties are suspended due to reasons not attributable to the Defendant, the Defendant may claim remuneration according to the ratio of the work already performed by the Plaintiff to the time when the service duties are suspended” for the cancellation of green belt and the designation of a commercial rental housing supply promotion district (Article 9). “The remainder of the service contract of this case shall be paid at the time of designation of the district (Article 6, the Defendant), and the remainder of the service contract of this case shall be paid (Article 6, the Defendant).