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(영문) 서울남부지방법원 2019.09.27 2018나63752
용역비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant selected a service performer as a bid to carry out the project (KSP KNL system consulting) support for the improvement of the Indonesia Gas Safety Management System (hereinafter “instant project”).

During the bid process, the Plaintiff was selected as a service performer.

B. Before entering into the instant service contract, the Defendant, on July 13, 2015, delivered to the Plaintiff a guideline for the settlement of accounts (based on the payment of travel expenses for the KSP business, No. 9-1; hereinafter “instant guideline”) regarding the instant project, including the details of the training of the Korea Seocho, to ensure that the Plaintiff comply with the guidelines.

In addition, on July 14, 2015, the Plaintiff submitted to the Defendant a statement of the service cost calculation (Evidence B No. 3; hereinafter “instant statement”) regarding the items to be disbursed for the project under the instant service contract.

C. On July 22, 2015, the Plaintiff and the Defendant concluded the instant business services contract (hereinafter “instant services contract”).

(A) Nos. 3, 4, and 2. The main project of the instant service agreement is to propose policies on the gas safety control system in Indonesia and Mongolia, to hold a workshop and to hold a final report meeting.

The main contents of the above contract are as follows:

The term of the instant business service contract under Article 3 (Contract Period) of the instant contract is from July 22, 2015 to November 30, 2015.

Article 8 (Execution of Business) (1) The plaintiff shall submit a plan for the performance of business in attached Form 3 to the defendant at the time of conclusion of the contract to obtain approval, and in this case, the defendant may instruct the supplementation of the contents, if necessary.

§ 15 (Service Fees) The service charges to be paid by the Defendant to the Plaintiff under this contract shall be set at KRW 00,000,000, including the value-added tax.

Article 18 (Procedures for Payment of Service Price) (1) The service price shall be paid in installments as follows:

1. Advance payment (50% of the contract amount): 105,000,000 won;

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