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(영문) 수원지방법원 안양지원 2018.05.03 2016가단2077

용역비등

Text

1. The Defendant’s KRW 27,450,00 for the Plaintiff and 5% per annum from September 17, 2013 to May 3, 2018, and the following.

Reasons

1. Basic facts

A. On June 13, 2013, the Plaintiff entered into a design service contract with the Defendant for the construction of an officetel in Jeju Special Self-Governing Province (hereinafter “instant service contract”).

The contents of the instant service agreement relating to the instant case are as follows.

The total floor area of 2,263.10 square meters (684.59 square meters): Contract amount of 17,607.78 square meters (5,326.35 square meters): The project owner (a) who is entitled to separate value-added tax (value-added tax): The Defendant designer (B) shall, in principle, determine the timing of payment and the amount of payment in installments as follows, but may be adjusted through consultation with A in consultation with B:

Upon completion of the construction deliberation by 10,000,000 at the time of the original contract, the copyright of the design documents related to this contract belongs to the B at the time of completion of 26,500,000 at the time of completion of 139,50,000 construction drawings and specifications at the time of completion of 139,00,000 construction drawings and specifications at the time of completion of 139,50,000 construction drawings and specifications at the time of completion of 26,50,000,000, and Party A shall not use or transfer all or part of the objection without Party B’s written consent.

B. The Defendant paid to the Plaintiff KRW 10 million on June 17, 2013, and KRW 7 million on July 2, 2013 in accordance with the instant service contract.

C. After that, on July 16, 2013, the Defendant filed an application with the Governor of Jeju Special Self-Governing Province for a deliberation on a construction plan with the design drawings prepared by the Plaintiff (hereinafter “instant design drawings”). On July 18, 2013, the Defendant obtained conditional consent that “the plan to delete the yellow color from the fluence level” on July 18, 2013.

On the other hand, the Plaintiff sent the instant design drawings to the Defendant by e-mail around 13:44 on July 29, 2013 at the Defendant’s request.

However, around 09:08 on August 7, 2013, the Defendant copied and sent the design drawing file of this case to E (hereinafter “Nonindicted Company”) located in Seocho-gu Seoul Metropolitan Government D by e-mail, and had the said company create the said design drawing in the name of the said company and to the Defendant.