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(영문) 수원지방법원 2020.04.23 2018나72154

용역비

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On October 5, 2016, the Plaintiff was awarded a contract by the Defendant for the project approval drawings and implementation drawings of the main complex building on the land, other than Scheon-si, C, and 16 parcels, with the contract price of KRW 100 million (excluding value-added tax).

(hereinafter “instant service contract”). The main contents of the instant service contract relating to the instant case are as follows:

- Contract name: intermodal services design in South Gyeongcheon-do.

1. Contract amount: KRW 100 million (excluding value-added tax);

2. Method of payment of service costs: In compliance with the general terms and conditions of the service contract.

3. Service period: From the date when a contract is concluded to the time when the shop design is supplied;

Provided, That it may be adjusted according to the circumstances of the owner or according to the deliberation and permission schedule.

4. Scope of services: Article 3 of the General Conditions of a service contract in compliance with the general conditions of the service contract.

1.The cost of services shall, in principle, be paid as follows, but the timing, rate and method of payment may be adjusted through consultation:

Article 4 (Scope of Services) (Scope of Services) to be performed by the Plaintiff after approval of 60,000,000 PDF prior to the delivery of the shop design drawings for the supply of 20,000,000 project approval drawings for the supply of 20,000,000 project approval drawings for the supply of 20,000 PDF prior to the supply of the shop design drawings for the supply of 20,000,000 project execution drawings for the supply of the above-mentioned service

1. All of the architectural drawings for project approval;

2. All the shop design drawings;

3. Preparation of energy-saving plans and registration of learning places;

4. The contents of the books to be supplied by the Plaintiff to the Defendant under Article 5 (Supply Books) of the processing of complementary matters in the above 1, 2, and 3 are as follows:

(i) Article 7 (Provision and Inspection of Services Performance Records) of the project approval drawings and working design DWG files;

1. The service performance products submitted by the Plaintiff are completed when the Defendant obtained the authorization and permission, and the Plaintiff must complete the complementary matters in good faith.

Article 8 (Modification of Contract Amount and Overwork)

1. The defendant shall supplement, modify, delete, and add the contents of the task due to the change of the relevant laws, changes in conditions, etc.