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(영문) 서울중앙지방법원 2018.10.24 2015가합8457

용역비

Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of KRW 6% from April 2, 2015 to October 24, 2018.

Reasons

1. Basic facts

A. On September 14, 2012, the Plaintiff entered into a service contract between the Defendant and the Defendant that the Plaintiff would manage the construction project (hereinafter “instant service contract”) with respect to the construction project of constructing a new apartment site for the railroad apartment site (hereinafter “instant service contract”). The payment of the construction project management service cost is to comply with the general terms and conditions of the construction project management service (hereinafter “general terms and conditions”). The main contents of Chapter IV of the instant general terms and conditions are as follows.

Part IV payment method of service costs shall be KRW 600 million in total, but it shall be divided into KRW 500 million in basic service costs and KRW 100 million in performance fees.

4.1.2The contingent remuneration shall be paid in cash to the Plaintiff by the Defendant as follows:

4.1.2.1.2.1.2.1 where the difference between the date of actual achievement of 50% on the schedule of scheduled progress (hereinafter referred to as “date of achievement of 50%”) and the scheduled date on the schedule of scheduled progress agreed upon by the Defendant and the service contractor (hereinafter referred to as “the contractor”) does not exceed 15 days, the Defendant shall, at the request of the Plaintiff, pay in cash 50 million won within five business days from the date of achievement of 50% of the schedule of scheduled progress.

Provided, That the period of change in the schedule of construction due to the need for construction by agreement between the defendant and the contractor or due to reasonable reasons, such as the request of the relevant government office, shall be excluded from the calculation of 50% of the fair rate.

4.1.2 The plaintiff shall pay in cash the amount of KRW 50 million within five business days from the date of the plaintiff's claim, if the direct construction cost (contract price for the construction works of the city) of the project increases within three percent as of the expiration date of the occupancy period of the project in question.

However, the amount increased pursuant to the above 4.1.21 or increased without any cause attributable to the plaintiff shall not be included in the direct construction cost.

3the defendant's direct construction cost for the project concerned.