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(영문) 서울중앙지방법원 2014.08.27 2013가단275058
용역비
Text

1. The Defendant shall pay 20 million won to the Plaintiff and 20% per annum from October 29, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. At the Defendant’s request from November 2007 to July 2013, the Plaintiff produced data files for printing out sculptures, drawings, material specifications, etc. with respect to the Defendant’s work, which was sent to a public contest for environmental creation held by local governments, construction companies, etc.

B. From October 1, 2008 to July 17, 2012, the service price that the Defendant did not pay for the service that the Plaintiff completed (hereinafter “the first minute service price”) is KRW 2,735,00,000,000, and the unpaid service price from August 21, 2012 to July 9, 2013 (hereinafter “the second minute service price”) is KRW 5,750,00.

(The details of each service price shall be as shown in the attached Table).

On July 2012, the Plaintiff claimed the first installment service charges to the Defendant, and the Defendant demanded to reduce the amount of KRW 15 million, the Plaintiff, subject to the payment by the end of December 2012, reduced the service charges of KRW 15 million to KRW 15 million on the condition that the Plaintiff would pay the said amount by the end of December 2012.

(hereinafter “instant exemption agreement”). D.

After that, before December 2012, the Defendant paid KRW 1,00,000 to the Plaintiff. On July 2013, the Plaintiff claimed KRW 5,750,000 for the secondary service cost and KRW 1,975,000 for the primary service cost, the Defendant paid KRW 9,80,000 to the Plaintiff on July 16, 2013.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 8, the purport of the whole pleadings

2. Comprehensively taking account of the above facts finding as to the cause of the claim, the instant exemption agreement was invalidated due to the failure to fulfill the condition, and thus, the Defendant is 22.3 million won (the first installment service payment of KRW 27.35 million and the second installment service payment of KRW 5.75 million paid by the Defendant) and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery of the complaint of this case sought by the Plaintiff from October 29, 2013 to the day of full payment.

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