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(영문) 제주지방법원 2019.06.17 2018가단65202
용역대금 청구의 소
Text

1. The Defendants: (a) with respect to each Plaintiff KRW 86,00,000 and KRW 20,000,000 among them, respectively, from February 6, 2018 to 66,000.

Reasons

1. In December 2015, the Plaintiff and Defendant B concluded a contract with the content that “Defendant B shall have the Plaintiff perform the design work on the newly constructed work of the D Multi-Family Housing Complex at Jeju.”

After that, in December 2016, the Plaintiff and the Defendants decided to change the contract to the Defendant C Co., Ltd. (former trade name: E Co., Ltd.; hereinafter “Defendant”) and the Plaintiff and the Defendant Co., Ltd. again concluded the contract.

(hereinafter “original contract”). The design cost and the method of installment payment as stipulated in the original contract are as follows:

At the time of the completion of construction permit of KRW 46,00,000 (20), when submitting a plan design document for the payment of KRW 46,000,000 (20) to the contract for non-payment of KRW 46,000,000 (10) after the completion of construction permit of KRW 23,000,000 (27,000,000) on April 30, 2017, when the payment of KRW 42,00,000 was completed, when the completion of construction work of KRW 46,00,000 on July 31, 2017, the Plaintiff not paid KRW 230,000,000 (46,000,000,000) was submitted to the Defendant Company after completion of the design work under the original contract. The Plaintiff received KRW 230,000,000,000 from the Defendant Company by July 2017.

On the other hand, in October 2017, the Plaintiff and Defendant Company entered into a contract with the Plaintiff to have the Defendant Company carry out the additional design work.

(hereinafter “Additional Contract”). The additional design cost and the method of installment payment as stipulated in the Additional Contract are as follows:

The plaintiff submitted design documents to the defendant company after completion of the design work under the additional contract and received KRW 100,000,000,000 out of KRW 40,000,000,000 when (40) the completion of the approval of the amendment to the project plan for the payment of KRW 40,000,000,000, the total amount of the unpaid KRW 20,000,000,000 when the completion of the work is not paid. (20,000,000,000.) The plaintiff submitted the design documents to the defendant company by July 31, 2018.

The project for new construction and sale of the above apartment houses.

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