용역비
1. The defendant shall pay 17,60,000 won to the plaintiff and 25% per annum from September 8, 2017 to the day of complete payment.
1. Around January 2017, the Plaintiff entered into a subcontract (including the amount of KRW 35,200,000, value-added tax; hereinafter “instant re-subcontract”) with respect to the “maintenance and Repair Services for the General Situation Room” by the Defendant on December 31, 2017, and performed the duties of the Plaintiff.
However, on April 18, 2017, the Defendant sent to the Plaintiff the “Contract Cancellation and Business Direct Execution” document as of April 18, 2017, on the ground that the “Maintenance and Repair Service” project cannot be re-subcontracted.
However, on June 28, 2017, the Plaintiff knew that the Plaintiff was unable to receive the document and requested the Defendant to pay the service cost up to the June 2017 with the knowledge of the notification of cancellation of the contract. The Plaintiff provided the service only by the end of June 2017.
On the other hand, the instant “maintenance and Repair Service” ordered by the Public Procurement Service was impossible to re-subcontract the instant re-subcontract with the knowledge of all the Plaintiff and the Defendant.
[Ground for Recognition: Facts without dispute, entry in Gap evidence 134, purport of the whole pleadings]
2. Comprehensively taking account of the facts found in the determination, the Plaintiff paid 17,60,000 won (35,200,000 won x 1/2 1/2, and the Plaintiff claimed service costs for a year in proportion to the actual service period, but the claim for service costs for the period that is not actually performed cannot be accepted) and the amount calculated at the rate of 25% per annum (Article 9 of the evidence of subparagraph 1) from September 8, 2017 to the date following the delivery of a copy of the complaint of this case from September 8, 2017 to June 2017.