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(영문) 서울중앙지방법원 2016.01.15 2015가합520964
용역비
Text

1. The defendant shall pay to the plaintiff KRW 7,225,110,00 and KRW 577,940,00 among them, from December 4, 2009, and KRW 1,124,750.

Reasons

1. Basic facts

A. The Defendant is a corporation established in Yongsan-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “the first design service contract”). The Defendant is a design company of October 13, 2006, the Plaintiff and the Construction and Maintenance of Urban Areas and Dwelling Conditions for Residents (hereinafter “Building”).

(1)A design service contract was concluded with respect to multi-family housing, business facilities, etc. on the seventh, fourth and fourth above ground scale. The key contents related to the service cost are as follows: Contract amount: 10,508,000,000 won (excluding value-added tax) by phases 1, Article 19 (Method of Payment of Services) of the cost of services are:

(Value-added tax). (1) At the time of the contract, 15% (1,576,200,000 won) (2) at the time of completion of construction deliberation (15% (1,576,200,000 won) at the time of receipt of project implementation authorization (1,050,800 won) (4) at the time of completion of project implementation authorization, 20% at the time of completion of project implementation authorization (2,101,60,000 won) (1,050,800 won at the time of report of commencement of project. (6) at the time of delivery of the implementation design documents (2,101,60,000 won at the time of approval for use (2,101,60,000 won) (2) at the time of completion of project implementation, the Plaintiff and the Defendant shall be paid in cash in the Plaintiff’s account within 15 days at the time of completion of project implementation in the phase-by-stage design service contract.

3) The Defendant paid the Plaintiff the full amount of the service costs, including value-added tax, and 3/4 of the service costs, to the Plaintiff according to the payment ratio of the first design service cost set forth in the first design service contract, including value-added tax, and 6/4 of the service costs.

7) On June 22, 2010, the Defendant, the Plaintiff, and the Plaintiff did not pay KRW 1,155,880,000 to the service cost. (b) On June 22, 2010, the design modification service contract was entered into with the content that the design was modified, including the overall underground structure of the project site.

The second design service contract is called ‘the second design service contract'.

(i)The main contents relating to the service cost are as follows: Contract amount: KRW 1,500,000,000 (value added tax).

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