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(영문) 서울중앙지방법원 2016.05.20 2015가단5246387
용역비
Text

1. The Defendant’s KRW 153,480,00 for the Plaintiff and KRW 6% per annum from December 7, 2014 to July 29, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that carries on design-related engineering business, and the Defendant is a corporation that carries on construction technology service business.

B. On August 1, 2012, the Defendant entered into a design service contract between the Plaintiff and the contractor with respect to civil engineering and design services for the relocation of military units located in the Gyeonggi-gu Incheon and Sacheon-gun (hereinafter “instant contract”).

In the instant contract, the Defendant and the Plaintiff agreed to pay the service cost up to 319,00,000 won, and to pay the Defendant the service cost up to 60 days from the date of the claim after filing a written claim after completing the course of each phase of business (the instant contract, Article 5), and the time of discontinuance of the design work is suspended unless the Plaintiff’s cause attributable to the suspension of the design work has occurred.

(Article 14). C of the instant contract

According to the instant contract, the Plaintiff supplied the result of the survey and the basic design on September 2012, and obtained the confirmation from the Defendant on October 12, 2012. On July 2013, the Plaintiff supplied the result of the re-design and the additional survey on access roads to each military unit in the Rocheon-gun and Yongsan-gu area, and obtained the confirmation from the Defendant on July 15, 2013.

However, the relocation project of each military unit was suspended without exceeding the stage of approval of the project plan scheduled in October 2013.

The Plaintiff asserted that the service result supplied by the Plaintiff, until the suspension of the said work, is KRW 153,480,000, including KRW 43,480,000, KRW 10,000, KRW 100,000, and KRW 100,000, and KRW 100,000, KRW 100,00,000, for the basic design and for the re-design for the re-design for the change of location. On October 7, 2014, the Plaintiff claimed in writing that the said money be paid by October 31, 2014.

On May 19, 2015, the Defendant agreed to confirm that the service cost according to the aforementioned service cost claimed by the Plaintiff is satisfied and to pay the said money.

Grounds for recognition: Facts without dispute, A.

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