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(영문) 창원지방법원 2021.02.04 2019나65150

용역비

Text

Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below shall be revoked, and the cancellation shall be revoked.

Reasons

1. Facts of recognition;

A. On January 8, 2015, the Defendant entered into a design service contract with the following terms: (a) the Defendant would create a golf club with 36 holes (hereinafter “instant golf club”) on the land unit in the Chang-si-gu Seoul Special Metropolitan City; and (b) concluded a contract with the Plaintiff to assign a new golf club construction design service (hereinafter “instant service”).

Article 3 (Scope, etc. of Contracts)

1. The scope of the Plaintiff’s service includes the Plaintiff’s construction permission for golf clubs related to the Defendant’s new construction construction work (hereinafter “instant golf clubs”), the management warehouse, and the Twits (4 Dongs) as a design service for the construction of the Eri-art golf clubs.

2. 1) Preparation of design drawings and specifications by design field (building, structure, machinery, electricity, telecommunication, fire fighting), basic design, design drawings 2) design specifications by design field (building, structure, machinery, electricity, telecommunication, fire fighting), structural specifications, electric load invoices, electric power supply invoices, electric voltage load invoices, machinery load invoices, fire fighting pumps invoices, fire fighting pumps invoices, official specifications, volume calculation books, etc. 3) completion of construction works, and affixing seals on books and building management records;

B. On June 9, 2016, the Plaintiff filed an application for a building permit on behalf of the Defendant on his/her behalf, and obtained the building permit on July 8, 2016.

2) On October 12, 2016, the Plaintiff and the Defendant entered into a final contract to change the service price and payment method in the instant case to the following content (Article 4 (Service Price and Payment Method)

3. The defendant shall pay in cash within 14 days from the date of the claim according to the following time and ratio:

In addition, if no payment is made within 45 days from the date of the claim, 2% interest per month shall accrue from the date of the claim.

After entering into the first advance contract of KRW 58,000,000, the amount paid at the time of payment was 52,000,000,000 when the third construction permit was completed at the time of delivery of the second basic drawings and specifications within 14 days. 52,00,000,000 when drawing up the second approved drawings and specifications, the second approved drawings and specifications were added to KRW 52,00,00.