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(영문) 수원지방법원안양지원 2016.06.16 2015가단108299
용역비
Text

1. The Defendant’s KRW 39,737,50 for the Plaintiff and KRW 6% per annum from August 13, 2013 to June 16, 2016.

Reasons

1. Summary of the plaintiff's assertion

A. From January 2003, the Defendant independently operated C’s water resources department, the Ministry of Environment, and the Urban Planning department on the Defendant’s account, and performed them directly. From February 2006, the Plaintiff received from the above department as the responsible manager of the Ministry of Environment, and paid the Defendant the amount equivalent to 15% of the environmental service price under the pretext of installment savings, while independently performing the above duties.

B. On October 2007, the Defendant entered into a service contract (hereinafter “instant service contract”) under the name of C, setting the service cost of KRW 180,000,000,000 for environmental impact assessment and ground survey services for the F tourist resort development project and the F tourist resort development project (hereinafter “instant service contract”). The Plaintiff set the environmental impact assessment portion out of the instant service contract as KRW 72,250,000 from the Defendant, with the assignment of the service cost of KRW 72,250,000.

C. Although the Plaintiff completed the service work of the Environmental Impact Assessment Part and the Defendant was paid all the costs under the instant service contract, the Defendant paid only KRW 21,675,00 to the Plaintiff. The Defendant is obligated to pay the remainder of the service cost (=72,250,000-21,675,000) to the Plaintiff and delay damages therefrom.

2. Determination:

A. According to each description of Gap evidence Nos. 1 through 6 (including each proof attached with numbers) and witness G testimony between the plaintiff and the defendant, the defendant received and performed the services independently from January 2003 to the defendant's account in accordance with the agreement with C. The plaintiff is registered as a worker of C from February 2006 to December 28, 201, and the defendant is responsible for the Ministry of Environment from the defendant's jurisdiction department.

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