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(영문) 광주지방법원순천지원 2015.06.18 2014가합2519

용역대금

Text

1. Of the instant lawsuits, KRW 181,50,000 among the instant lawsuits and the service of a copy of the instant complaint to the day of complete payment.

Reasons

1. Basic facts

A. On April 3, 2013, the Plaintiff and the Intervenor joining the Plaintiff (hereinafter “Supplementary Intervenor”) may use the stairs-type as a hall from the upper part of the Defendant’s house, a lower-long rooftop from the upper part of the Defendant’s house, using the slope of the terosty sloping slope in 489 Chocheon-si, Tacheon-si, 201.

When concluding a design service contract for construction (hereinafter referred to as “instant contract”) with a cost of KRW 275 million (including surtax; hereinafter the same shall apply), the details of service costs and the method of payment were determined as follows:

Article 4 (Details of Service Costs and Payment Method)

(a) Service cost details 1) Construction design service cost: 176 million won: Civil engineering design service cost of KRW 88 million: 30,000,000: 110,000 won;

(b) When a contract is entered into (i) the method of payment of service costs: 275 million won: 200 million won after the completion of authorization and permission; 200 million won; and 30 days after the completion of authorization and permission, Gap (the defendant) shall pay to Eul (the plaintiff and the intervenor) in cash KRW 275 million; and Eul shall refund the payment guarantee certificate to Gap.

B. Around December 2013, the Plaintiff and the Intervenor completed design services for the construction of a tenement house at the same day.

(The plaintiff shall complete all of the civil engineering design services and half of the pre-disaster review services, and the supplementary intervenor shall complete half of the construction design services and the pre-disaster review services).

On August 12, 2014, the Intervenor transferred to the Plaintiff the service payment claim amounting to KRW 181,50,000 (176,000,000,000 for architectural design service + half of the pre-disaster review service cost) claimed against the Defendant (hereinafter “transfer of the instant claim”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Judgment on the main defense of this case

A. The Plaintiff asserts that the Plaintiff acquired the above claim for service payment amounting to KRW 181.5 million from the Intervenor assisting the Defendant, and sought payment against the Defendant for the above KRW 181.5 million and damages for delay.

(b) engaging in litigation;