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(영문) 서울중앙지방법원 2020.05.19 2019가단5265539
설계용역비
Text

1. On April 16, 2018, Defendant B, Defendant C, Defendant C, and each of the said money, respectively.

Reasons

1. Basic facts

A. On April 5, 2017, between Defendant B, the representative C, the Plaintiff entered into a design service contract for the Ulsan District Complex D (the construction site: the second floor of building in Ulsannam-gu) in terms of service cost of KRW 38,50,000,000, and thereafter, the Plaintiff entered into a design contract for the additional design contract for the Ulsan District D Integic unit generations in terms of service cost of KRW 1,60,000.

(hereinafter referred to as “D contract”). The Plaintiff completed all design services (including supply of goods) under D contract prior to December 30, 2017.

B. In addition, on March 6, 2018, the Plaintiff entered into a design service agreement with Defendant C (hereinafter “Defendant Company”) on the part of Nonparty F’s joint and several sureties-gu Co., Ltd. (hereinafter “Defendant Company”) at the cost of 4,460,000 won for the service cost, as the G unit household (the construction site: the construction site, the Dong-gu, dong-gu, Chungcheongnam-gu

(hereinafter “G contract”). The Plaintiff partially completed the said design service by March 22, 2018 (including supply) and on April 15, 2018, the contract was de facto terminated due to the circumstances on the part of the Defendant Company.

(Suspension of Design Work). The service cost for partial completed design work is KRW 20 million.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 7, purport of whole pleadings]

2. Determination

A. According to the facts of recognition as to the claim for service costs under D contract, Defendant B shall pay the Plaintiff the service cost of KRW 50,160,01 (i.e., KRW 38,500,000) and this part of the contract (Evidence A 1) sought by the Plaintiff to the Plaintiff for the service cost of KRW 1,166,00,000). In light of the fact that the Plaintiff issued a tax invoice on the service cost on December 30, 2017, it is recognized that the time of payment for the service cost has arrived prior to the issuance of the tax invoice on the service cost.

From April 16, 2018 to October 1, 2019, the delivery date of the original copy of the instant payment order, the duty to pay 5% per annum as stipulated in the Civil Act and 12% per annum as stipulated in the Act on Promotion, etc. of Litigation (or within its scope) from the next day to the day of complete payment.

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