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(영문) 서울남부지방법원 2017.11.10 2016가합105962
용역비
Text

1. Of the Plaintiff’s primary claim, the part demanding the payment of KRW 302,916,460 to Defendant A.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in building design and supervision, structural design supervision, safety diagnosis, etc., and Defendant A is a company engaging in overseas works contract, overseas construction service business, etc., and Defendant B is a person who engages in pipeline design business in the trade name of “D.”

B. When the Plaintiff and the Defendants’ respective contractual terms and conditions of the instant design service contract are commissioned to Defendant A (Defendant B) to prepare a Steelure structural calculation statement, shop design drawings and factory production drawings, the following contract is concluded:

Article 2 (Subject Matter and Scope of Services) The name of services and the scope of services to be provided by Defendant B upon commission by Defendant A shall be as follows:

1. Service name: RAK - E & F Pak steel structure calculation, and a service contract for the preparation of factory manufacturing drawings;

2. Services: Services for calculating the structural structure of steel framed and factory production drawings for the E&F.

3. Scope of services - Preparation of PEBR - Calculation of the structure and report of Pakage E and F structure - Preparation of the production of Pakage E and F steel scrap - If necessary - Work trip at the ordering office for explaining design results - Work Costs of As-Butilt Article 3 (Service Costs) shall be KRW 2,010,000,000 (up to a hundred million).

(Value-Added Tax). 1. Defendant A commissioned the above service to Defendant B, and Defendant B calculated the service cost on the basis of the scope of service. As such, Defendant B cannot request Defendant A to increase the service cost.

2. The service cost includes all the expenses, including all the taxes and public charges related to this service, and includes all the expenses incurred before the contract.

3. If the scope of operations is changed or direct expenses are incurred, the settlement shall be made through consultation between the defendant A and the defendant B.

Article 4 (Payment of Service Fees)

1. Defendant A shall pay the service cost to Defendant B at 10%, 40% upon completion of 50%, and 40% upon completion of 100%, and the remainder 10% after completion of the contract.

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