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(영문) 광주지방법원목포지원 2016.04.06 2015가단50048
용역비
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 5, 2008, the Plaintiff entered into a contract for the working design of private investment facilities business (hereinafter “instant contract”) with respect to the South Young Construction Co., Ltd. and the Army Kim Jong-si and the military camp facilities (hereinafter “the instant contract”) on September 5, 2008, along with the agreement for the development of a partnership director, the architect office, and the company

o Amount of a service contract: 1,023,672,00 won (excluding surtax) - 1,000 - Scope of business - total execution design drawings (construction, civil engineering, electricity, fire fighting, machinery, landscaping, etc.) - preparation of implementation design drawings, invoices, specifications, design specifications - Consultation about construction permit - completed drawings (mutual consultation about design change recognized by the original office - consultation about other architectural firms - consultation about design- consultation about design- time for payment: 30% at the time of contract (pre-payment) - 30% at the time of contract, 30% at the time of first installment (after approval of implementation plan) and second installment (after approval of implementation plan): 307,101,60 won at the time of second installment (after completion of construction work): 102,367,200 won: 40% at the time of completion of construction work after the date of completion of construction of each contract between the Plaintiff and the architect office, and 20% at the date of completion of construction.

B. In accordance with the instant contract, the Plaintiff supplied the design documents to the Nam Young Construction Co., Ltd., and on January 17, 2012, the Nam Young Construction Co., Ltd. was permitted to complete the construction of the Army Kim Jong-gun and the military camp facilities by the Steel Co., Ltd.

C. On May 12, 201, the Nam Young Construction Co., Ltd. received a decision to commence rehabilitation procedures as the Gwangju District Court 2011 Ma12, and a decision to authorize the rehabilitation plan as of December 19, 201, respectively. The Plaintiff’s service payment claim under the instant contract was not reported as a rehabilitation claim in the rehabilitation procedure against the Nam Young Construction Co., Ltd. Co., Ltd. Co., Ltd.

[Ground of recognition] Facts without dispute, Gap's evidence, Eul's entries in 1-1 to 1-3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is according to the instant contract.

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