logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.08.23 2016가단349477
용역비
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 6% from February 6, 2016 to February 23, 2017.

Reasons

1. Factual basis

A. On February 21, 2014, the Defendant concluded a service contract (hereinafter “instant contract”) with the Plaintiff and the Dogsnb Partners Co., Ltd. (hereinafter “Dogs”) as follows:

The terms and conditions of services provided by the Plaintiff and Capitals: The price for services to be submitted in accordance with a public invitation guidelines for projects for the development of railroad facilities in the East Sea Line as presented by the Korea Rail Network Authority: 280,000,000 won for services: the terms and conditions of payment of the down payment of KRW 100,000 for five days after the contract is made - the payment of KRW 100,000 for intermediate payment of KRW 10,000 for five days after the private proposal project plan is submitted - the payment of KRW 80,000 for the remainder of five days after the private proposal project plan is submitted;

B. On February 24, 2014, the Defendant paid KRW 110,000,000 and KRW 60,000 on February 28, 2014, and paid KRW 110,000,000 in total as down payment and value-added tax.

On March 28, 2014, the Plaintiff and Doller submitted a private proposal project plan to the Korea Rail Network Authority, and the Defendant paid KRW 55,000,000 on April 4, 2014 and KRW 5,000,000 on September 24, 2014.

C. After the submission of the business plan, the Defendant decided not to participate in the public contest of a manager, and accordingly, the Plaintiff and Dogslur submitted the final service result under the instant contract to the Defendant around October 5, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1 to Gap evidence No. 11, the purport of the whole pleadings

2. Determination

A. According to the facts established on the Plaintiff’s assertion of the cause of claim, the Plaintiff and Doller are recognized to have fulfilled the duty to submit a private proposal business plan stipulated under the terms and conditions for the payment of intermediate payments in the instant contract on March 28, 2014, and thus, the Defendant is obliged to pay KRW 110,000,000 in total of intermediate payments and value-added taxes within five days thereafter.

However, since the defendant paid only KRW 60,000,000 among them, the remaining KRW 50,000 to the plaintiff and the part payment payment as stipulated in the above contract, which was sought by the plaintiff on February 2, 2016.

arrow