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(영문) 창원지방법원 2016.06.23 2015나8609
용역비
Text

1. All appeals against the Defendant-Counterclaim Plaintiff and the Defendant-Counterclaim Plaintiff’s counterclaim filed in the trial.

Reasons

1. Basic facts

A. On April 2009, the Plaintiff, as an agent for environmental impact assessment, entered into a technical service agreement with the Defendant for the post environmental impact assessment by setting the contract amount of KRW 11 million per quarter (including value-added tax) and the service period from April 2009 to April 2009.

hereinafter referred to as the "instant contract"

B) B. From April 2009, the Plaintiff commenced the instant contract, and conducted an environmental impact survey service at the time of construction until February 2/4, 2014. (c) The Defendant paid the service payment to the Plaintiff up to February 2/4, 2012, and did not pay the service payment after March 13, 2012, and the Plaintiff notified the Defendant of the suspension of the service on August 13, 2014 for reasons such as the payment of the service payment. 【No dispute exists in the grounds for recognition, and there is no dispute over the Plaintiff’s 1,2, and 3 (including a serial number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. Determination on the main claim

A. The Plaintiff’s assertion 1) The Plaintiff performed the service up to February 2, 2014 according to the instant contract, and the Defendant is obligated to pay the service cost unpaid from March 4, 2012 to February 2/4, 2014. The Plaintiff’s employees reduce the service cost to KRW 10 million from March 4, 2012 to KRW 4,320,000 for each quarter, and the Plaintiff’s employees deducts KRW 4,320,000 for each quarter. Accordingly, the Defendant is obligated to pay the Plaintiff KRW 4,548,00 for each quarter. Accordingly, the Defendant is obligated to pay the unpaid service cost to the Defendant (i.e., KRW 568 million x 8 quarter).2) The Defendant set the service period in the instant contract as “the time construction is completed,” and the construction is not suspended.

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