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(영문) 대구지방법원 경주지원 2018.07.20 2017가합2496
용역비
Text

1. The Defendant’s KRW 674,900,000 as well as 6% per annum from January 1, 2016 to January 16, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On August 24, 2009, the Plaintiff and the Defendant (formerly changed: B) drafted a design service contract (hereinafter “instant service contract”) with respect to the business that creates an industrial complex in the Young-ri Complex (hereinafter “instant business”).

The instant service contract contains the following contents, and the Plaintiff and the Defendant signed and sealed the contract as a party:

The name of service: The contract amount of design service with the designation of a racing D industrial complex and the authorization of an implementation plan: 1.2 billion won (excluding the additional tax): the contract period: the location from August 2009 to the approval date of the implementation plan (excluding the parcelling-out consultation) for August 2010: The first day of the racing-si, the first day and other matters: Article 5 (Payments 1.20,090 square meters) of the General Conditions of Technology Services (payment) shall be paid to the Plaintiff in the following manner:

(1) Advance payment (contract deposit) 300,000,000 won (2) The first intermediate payment: 100,000,000 won after the completion of consultation on environmental impact assessment of 200,000,000 won after receiving an application for designation of industrial complexes and approval for an implementation plan (approval), and (3) The second intermediate payment: 579,00,000 won after completion of the designation of industrial complexes and approval for an implementation plan (approval for a plan): 21,00,000 won when consultation on a management master plan and a plan for parcelling-out consultation is completed.

B. In accordance with the instant service contract, the Plaintiff submitted an application for approval of the designation of industrial complexes and approval of the implementation plan on October 201, and completed an environmental impact assessment consultation with the Daegu Regional Environmental Office on March 201, and obtained approval of the designation of industrial complexes and the implementation plan from the Mayor/Do Governor on December 28, 2015.

C. On March 23, 2017, the Plaintiff sent a content-certified mail to the Defendant seeking payment of unpaid service charges. On May 22, 2017, the Defendant sent to the Plaintiff a content-certified mail stating that “The instant business rights and the rights and obligations under the instant service contract were transferred to E, and the Plaintiff implicitly consented thereto, and that the Plaintiff consented thereto.”

Accordingly, the Plaintiff on May 30, 2017.

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