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(영문) 인천지방법원 2018.11.01 2017나69529
공사대금
Text

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

Reasons

1. Determination on the cause of the claim

A. Fact 1) The Plaintiff is an individual entrepreneur who runs the business of installing communications facilities in the name of C, and the Defendant is an individual entrepreneur who runs the wholesale and retail business of communications equipment in the trade name of D (former Amendment: E). 2) On August 1, 2015, the Plaintiff and the Defendant concluded a service contract with the Defendant regarding the construction and operation of the F communication infrastructure and the electronic equipment (hereinafter “project”) that re-subcontracts part of the subcontracted construction work from G to the Plaintiff (hereinafter “instant service contract”). The main contents are as follows.

Article 2 (Scope of Services) (1) The scope of services (hereinafter referred to as "services") performed by the delegated person (Plaintiffs and hereinafter the same shall apply) under this Agreement shall be as follows, and the specific scope of services and schedule for the performance of services shall be as described in Appendix 1:

1. Support for the duties of the project prime contractor;

2. Documents requested by the person placing an order, such as on-site investigation, drawing up of a plan for construction, etc., to be collected from the original office.

3. Construction and removal of internal communications;

4. On-site supervision following the installation or removal of internal communications networks;

5. Injecting the stadium and the stadium operating manpower during the period of the competition;

6. Operation, management, etc. following the entry of stadiums and non-facium operating personnel during the period of the competition;

(2) The scope of services referred to in the preceding paragraph may be changed if the parties agree upon at the request of either party.

Article 6 (Service Price and Payment) (1) A delegating person (the defendant; hereinafter the same shall apply) shall pay a sum of KRW 80,000,000 to the delegated person in return for the services.

(2) The mandator shall pay the service costs under the preceding paragraph as follows:

1. Advance payment: 40% of the total amount of service payment (within two days after payment from the place of order is received);

2. Payment for completed portion: after 40% of the total amount of the service payment is received from the ordering office.

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