용역비
1. The defendant shall pay to the plaintiff the amount of KRW 169,175,384 and the amount of KRW 114,01,814 among these amounts, from August 29, 2019 to the date of full payment.
1. Facts of recognition;
A. On April 26, 2016, the Defendant and A Co., Ltd. (hereinafter “Plaintiff”) and the Defendant concluded a service contract with the terms “E” as “3/100 of the total expenses for delay allowances” (hereinafter “instant service contract”) with the Plaintiff’s performance of the service period from May 2, 2016 to July 29, 2016, and KRW 190,000 (in advance, KRW 76,00,000 within 30 days after the date this contract was concluded, and the remainder of KRW 114,00,000 within 30 days after the date the report was submitted and the report was approved by the Defendant, and each value-added tax is separate); and the service contract with the Plaintiff’s performance of “E” as “3/100 of the total expenses for delay allowances” (hereinafter “instant service contract”); and the service payment was “instant service payment”).
B. On July 2016, the Plaintiff completed the instant service contract and submitted a completion report to the Defendant and obtained approval therefor from the Defendant around July 29, 2016.
C. On January 18, 2017, the Plaintiff received each payment of KRW 76,60,000,000 from the Defendant as principal for the instant service payment (i.e., value-added tax of KRW 76,000,000) and KRW 40,000,000 on March 6, 2017, respectively.
(2) The repayment date of KRW 83,600,000 is the first repayment date, and the repayment date of KRW 40,000,000 is the second repayment date.
On May 29, 2018, the Plaintiff urged the Defendant to pay the remainder of KRW 125,400,000 (=value 11,400,000 value-added tax of KRW 11,40,000) of the service price of this case and interest on delay thereof until June 30, 2018 (hereinafter “the instant peremptory notice”), and the said peremptory notice reached the Defendant around that time.
E. On September 2, 2019, the Plaintiff: (a) divided the portion of plastic processing and solar energy project into a lawsuit receiver; (b) established the lawsuit receiver; and (c) reverted the rights and duties related to the said project (including the instant bonds) to the divided company.
[Ground of recognition] Unsatisfy, Gap's statements in Gap's evidence 1, 2, 4 through 9, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. Article 398(2) of the Civil Act, which reduces the amount of damages, provides compensation for damages.