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(영문) 서울중앙지방법원 2018.11.08 2017나91440
용역대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claims additionally filed in the trial are dismissed.

2. Costs of appeal; and

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant intended to carry out the new construction work of a Ulsan-gun B (hereinafter “instant factory”) in Gyeongjin-gun, Ulsan-gun (hereinafter “instant construction work”) for the purpose of producing ice clurgs, beverage raw materials, etc.

B. On December 7, 2015, in relation to the instant construction project, the Plaintiff issued a written proposal for design and supervision service cost to the Defendant. The said written proposal is an estimated amount of KRW 34,00,000 (excluding value-added tax), but it is an abbreviation of food and livestock product safety management certification standards under the HACCP Food Sanitation Act.

The design according to the plan was reflected in the certification plan after the building permit, and the design service cost is to be carried out through mutual consultation.

C. On January 5, 2016, the Plaintiff again issued a written proposal for design service costs to the Defendant. The said written proposal contains an estimated amount of KRW 195,00,000 (value-added tax separate) and included the design of HCCP certification in the scope of business.

On January 20, 2016, the Plaintiff issued a design service contract and construction supervision contract in which the contract amount is KRW 47,000,000 (excluding value-added tax) to the Defendant with respect to the instant construction work, and the Defendant requested the Plaintiff to reduce the design cost by reducing the design cost.

E. Accordingly, on January 21, 2016, the Plaintiff made a proposal to the Defendant for the amount of KRW 39,000,000 (excluding value-added tax); among them, the design service cost is KRW 33,00,000,000, and the supervision service cost is KRW 6,000,000, and the scope of business is the design work in the field of construction structure, civil engineering, design work in the field of machinery, telecommunications and fire-fighting equipment, design work in the field of machinery, telecommunications and fire-fighting equipment, and building authorization as an agent.

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