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(영문) 서울중앙지방법원 2019.04.03 2018나66144

용역비

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiff is a company producing symbolic sculptures, and the defendant is a company that executes a new construction of the above hotel as the owner of the C hotel.

B. On November 12, 2014, the Plaintiff entered into a contract with the Defendant for the production and installation of art decorations screening approval (hereinafter “instant contract”). The main content of the contract (Evidence A 3-1) written at the time is as follows.

Contract name: The contract name: The term of the I contract for the construction of the C hotel, the production of the approval for examination of art and food, and the place where the installation services are installed: the contract amount from November 12, 2014 to May 31, 2016: the content of the works: D (4,300m x 2,500m x 3,000m x 3,000m x m) Article 3 (Payment of Price) shall be paid to the Plaintiff as follows:

1. One time: 50% of the contract amount shall be paid after the completion of the on-site entry of the works, the deliberation and approval of which have been made;

2. Balance: 50% of the contract amount shall be paid after the installation of art decorations and food, and the completion of authorization for the official;

C. On March 25, 2016, according to the instant contract, the Plaintiff manufactured art decorations food and installed it at the c hotel construction site.

After that, the Plaintiff received KRW 137,50,000 in total from the Defendant on March 31, 2016, including KRW 123,750,000 and KRW 13,750,000 on June 30, 2016.

[Evidence] Facts without dispute, Gap evidence 3-1, Gap evidence 11, Eul evidence 8 and 9 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The contract amount of this case is KRW 209,00,000 (including additional tax) as stated in the contract, and the Plaintiff received a total of KRW 137,50,000 among them, and thus, the Plaintiff sought payment of the remaining contract amount of KRW 71,50,000 and damages for delay.

B. In order to select the Defendant’s art decorations, the Defendant proceeded with the selective competitive bid method. At the time, E presented the lowest price of KRW 125,00,000, the Plaintiff.