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(영문) 서울고등법원 2018.06.01 2017나2051472
용역비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "146,863,30" in paragraph 2 of the No. 5 of the judgment of the court of first instance shall be used as "146,864,300"; and Forms 13 through 10, 17 of the judgment of the court of first instance shall be the same as the reasons for the judgment of the court of first instance except for the cases used in No. 8, 864,300 as "146,864,30" in paragraph 2 of the No. 5 of the judgment of the court of first instance; and therefore, it shall

2. Parts to be dried;

B. 1) The defendant's defense of the expiration of the extinctive prescription is based on the service contract of this case which was concluded by the plaintiff, a merchant, for the purpose of business, and the extinctive prescription expires unless it is exercised within five years pursuant to Article 64 of the Commercial Act (the defendant may apply the short-term extinctive prescription of Article 163 subparagraph 3-3 of the Civil Act to the service payment claim of this case. However, the defendant's claim for construction subject to the short-term extinctive prescription of Article 163 subparagraph 3-3 of the Civil Act refers to the claim for construction works held by the contractor or designer according to a certain contractual relationship, such as the claim for the construction works held by the contractor or designer, and it is difficult to view that the claim for the service payment of this case related to the redevelopment project

(2) As to the starting point of the extinctive prescription, extinctive prescription is run from the time when the right can be exercised (Article 166(1) and (3) of the Civil Act provides that 20% of the service price of this case when the establishment of the instant service contract is authorized, 10% thereof when the construction deliberation is passed, and 20% thereof at the time of authorization to implement the project shall be paid respectively within 14 days from the date of filing a tax invoice according to the completion of each phase. Thus, the claim equivalent to each of the above amounts out of the service price of this case shall be as above.

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