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(영문) 수원지방법원 성남지원 2021.03.19 2020가단228495
용역비
Text

The defendant shall pay to the plaintiff KRW 142,00,000 and KRW 32,00,000 among them, from June 16, 2020, and KRW 110,00,000.

Reasons

1. Basic facts

A. A. Around August 2019, the Plaintiff entered into a contract (hereinafter “instant contract”) under which the Plaintiff provided the Defendant with “services Co., Ltd. (hereinafter “C”) with the content that the Defendant would be entitled to subcontract construction related to the creativity and glass construction among the re-building projects in the zone D zone.” The Defendant entered into a contract with the Plaintiff to pay KRW 3.1 million to the Plaintiff at the service cost (hereinafter “instant contract”).

B. The Plaintiff and the Defendant agreed to pay KRW 10,00,000 to the Plaintiff by the due date determined by mutual agreement between the Defendant and the Plaintiff in the form of the service contract or material supply contract (i.e., the service cost that the Defendant is to pay to the Plaintiff, and KRW 154,00,000 among them, KRW 150,000 until September 10, 2019, and KRW 46,00,000 until October 15, 2019 (Provided, That if the payment date is different from the contractor, the payment date will follow the contractor’s payment date); and the remainder KRW 10,00,000 shall be paid to the Plaintiff by the due date determined by mutual agreement between the Defendant and the Defendant (i.e., the money that the Defendant is to pay to the Plaintiff).

Around the above time, the Plaintiff provided the Defendant with services, such as investigation, design, and provision of model cargo so that the said subcontracted works may be awarded to the Defendant, and the Defendant was awarded a contract from C around August 14, 2019 for creative and glass construction costs of KRW 1,540,000 for construction work among the housing reconstruction improvement projects in the zone D (hereinafter referred to as “the construction of this case’s construction works that the Defendant received the said contract”) [the grounds for recognition] without dispute, entry in Gap’s 1 through 4, and evidence Nos. 6 (including numbers), the purport of the entire pleadings, and the purport of the whole pleadings.

2. The assertion and judgment

A. The summary of the parties' assertion 1) The plaintiff provided services so that the defendant can receive the instant construction work under the contract of this case, and accordingly the defendant received the contract of this case, and thus the defendant performed the instant construction work. Thus, the defendant did not provide the plaintiff with the unpaid services under the contract of this case 142,00.

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