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(영문) 인천지방법원 2021.02.03 2020가단224288

용역비

Text

1. The plaintiff's rehabilitation debtor B corporation shall confirm that the rehabilitation claim is KRW 28,918,502.

2. The costs of lawsuit shall be.

Reasons

(b) the facts of the basis;

A. On September 2017, the Plaintiff and B Co., Ltd. (hereinafter “B”) concluded a service contract (hereinafter “instant contract”) as follows.

(2) The plaintiff shall review working plans, review and provide advice on the work process management, work plan and detailed construction drawings. Article 5 [the terms of payment and the timing of payment] ① The time and amount of payment for the service charges shall be determined as follows: 30,250,000 won (excluding the time of contract payment: 60,50,000 won: 30,000 won from September 1, 2017 to February 29, 2020 (including 30:0 months from the date of commencement of service): 32,750,000 won (including value added tax): < Amended by Presidential Decree No. 17517, Sep. 1, 2017; Presidential Decree No. 17063, Feb. 1, 2017; Presidential Decree No. 17068, Oct. 16, 200; Presidential Decree No. 17301, Feb. 20, 2005>

(3) Notwithstanding the plaintiff's claim under the preceding paragraph, if B fails to pay service costs within a specified period, the Fair Trade Commission shall pay the unpaid amount plus interest calculated by applying self-regulation from the day following the due date for payment to the day payment is made.

Article 12 [Cancellation or Termination of Contract] (1) In any of the following cases, a Party may cancel or terminate this contract upon the request of the other party for whom the cause for cancellation has occurred or the period for which the cause for cancellation has occurred, and may not be performed within that period, if no performance has been made:

2. If the payment of the service price B was delayed for one month or longer from the date when the plaintiff requested the payment.

B. Under the instant contract, the Plaintiff: (a) KRW 66,50,000 (including value added taxes) for the first service on December 14, 2017 under the instant contract; and (b) KRW 17,968 for the second service on February 2, 2018.