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(영문) 서울중앙지방법원 2016.03.30 2015나53086
용역대금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1. Basic facts

A. Along on February 2010, the Ami-U.S. Comprehensive architect Office Co., Ltd. (hereinafter referred to as “Ami-U.S. Construction”) awarded a contract to the Defendant for the electrical/construction work of the Buk-dong Inter-U.S. Complex Construction Work (hereinafter referred to as “instant new construction work”) at the contract price of KRW 110,00,000.

B. On February 5, 2010, the Defendant awarded to the Plaintiff the contract amount of KRW 53,000,000 (the value-added tax shall be separately provided, but the value-added tax rate shall be 3.043%) with the design services for the electrical/construction machinery (hereinafter “instant services”) during the instant new construction works, and paid KRW 5,460,779 as part of the service price to the Plaintiff on March 31, 2010.

The part relating to this case in the service contract of this case is as follows.

(The following, “B” refers to the Plaintiff; “A” refers to the Defendant); “B” refers to the Defendant; “B” refers to the Defendant; “B” refers to the engineering project; “B” refers to the completion of the engineering project; “B” refers to the notification thereof to “A”; and “A” shall notify the result of the inspection to “B” within 10 days if the notification is not made within this period.

(3) Paragraph (1) shall also apply where a person wishes to receive all or part of the price for the completed portion before the completion.

Article 9 (Payment of Price) “B” may, when the subject matter has been completed and passed a prescribed inspection, claim compensation, and “A” in receipt of the request shall pay compensation within the prompt time limit from the date of the request.

Article 15 Time of Payment and Payment of Design Service Costs shall be as follows:

Value-added tax of 10,60,000 on the supply of a separate shop design (Commencement) design for the value-added tax of 7037,100,000 on the supply of a non-permanent design for 20,000 on the basis of the timing of payment and the base ratio (%) adjustment (%) adjustment (%) payment (%) payment (%) and approval of non-fixed construction permission for the construction, separate 105,30,000 on the aggregate of 105,300,000,000

C. As to the instant newly-built construction, September 28, 201.

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