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(영문) 청주지방법원 2014.07.16 2014가합144
용역비
Text

1. The defendant shall pay 169,400,000 won to the plaintiff and 20% per annum from December 17, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. (1) On December 2010, the Plaintiff entered into a contract prior to the amendment, etc., with the Defendant and the Plaintiff as “the instant first service contract for construction project management” (hereinafter “instant first service contract”) with the term “the construction project management services for the service-registered Mypo-Lease Remodelling,” from November 15, 2010 to May 14, 201, the contract period of which is KRW 4,50,000,000 (Additional Tax).”

(2) Around December 2010, the Plaintiff entered into a contract (hereinafter “the instant primary contract”) with the KD Construction Co., Ltd. (hereinafter “KD Construction”) on the following terms: (a) December 1, 2010; (b) May 14, 2011; (c) the contract amount of KRW 4,021,00,000 (Additional Tax) (hereinafter “the instant primary contract”).

3) On December 1, 2010, the Plaintiff and KD Construction agreed on December 1, 2010 to the Defendant that “the construction cost for the part constructed by KD Construction shall be paid directly by the Defendant to KD Construction,” and that the Plaintiff and KD Construction agreed to the Defendant’s direct payment agreement (hereinafter “instant direct payment agreement”).

B. B. On March 11, 2011, the Plaintiff agreed with the Defendant to conclude the instant first service agreement (hereinafter “instant agreement”).

(C) On March 201, the Plaintiff concluded a construction project management service agreement (hereinafter “instant secondary service agreement”) by changing the content of the instant first service agreement with the Defendant to “from November 15, 2010 to March 31, 2011, the contract amount of KRW 2,454,54,455,456,” and changing the content of the instant first service agreement to “from November 15, 2010 to March 31, 2011.”

2) On March 31, 2011, the Plaintiff changed the terms and conditions of the instant first contract into “the commencement of construction works on December 1, 2010; the contract amount of KRW 2,454,54,45, and 455,” and changed the terms and conditions of the instant second contract to “the instant second contract” (hereinafter referred to as “instant second contract”).

D. The design drawings are supplied, etc. 1.

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