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(영문) 대구지방법원 2018.02.22 2017가합201846

용역비

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 23, 2014, C Co., Ltd. (hereinafter “Nonindicted Company”) entered into a service agreement with Nonparty Co., Ltd. (hereinafter “instant service agreement”) with E, F, G, H, I, and J (five, excluding E, delegated the work of concluding a service agreement, receiving payments, etc. to E in order to implement a project that constructs apartment units on the land of approximately 75,763 square meters (Am2,918 square meters) of KRW 62,00,00,000, in Daegu-gu, Daegu-gu, Seoul Special Metropolitan City (hereinafter “Nonindicted Company”) on the land (hereinafter “instant project”). On October 23, 2014, the said agreement was entered into between E, F, G, H, I, and J (hereinafter “the instant service agreement”). If Nonparty Co., Ltd provided services, such as entering into a purchase contract with the land to be used for the instant project in the name of Nonparty Company, the representative of the said E and five representatives, to pay the total amount of KRW 2.

Details of the specific agreement on the time of payment, amount of payment, etc. of service expenses prescribed in the above contract shall be as follows:

At least 95% of the total project site for the second progress payment (including contract deposit) within 7 days after the contract is concluded at least 85% of the total project site for the first progress payment of at least 7,000 won at the time of the conclusion of the contract for contract for contract deposit payment, and at least 5% of the total project site for the third progress payment of at least 7 days within 7 days after the completion of contract and district unit planning approval, and at least 80% of the remainder of 5% within 7 days after the contract and district unit planning approval is completed.

B. As above, E and the Defendant on the date of the conclusion of the instant service contract to provide the service to the non-party company through the instant service contract, and upon the Defendant’s provision of the service to the instant project, paid KRW 600 million out of KRW 2.8 billion to the Defendant, and upon receiving the service cost in installments from the non-party company, E entered into an agreement to divide the service cost to the Defendant according to the ratio whenever it receives the service cost in installments.

C. After that, the non-party company entered into the instant service contract with a policeman on December 2015.