(영문) 서울남부지방법원 2016.05.25 2014가단244071

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(영문) 서울남부지방법원 2016.05.25 2014가단244071

용역비

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 3,718,500 to the Plaintiff (Counterclaim Defendant) and its related amount from May 8, 2015 to May 25, 2016.

Reasons

The main lawsuit, counterclaim is also considered.

Ⅰ. Progress of the case (no dispute over)

1. The Plaintiff and the Defendant conclude two contracts on September 1, 201 as follows:

(a) The first contract: The period of a contract for the construction of a campus-ON (a platform): from September 1, 201 to November 3, 2011: the contract amount: 14,500,000 won (Additional dues): 3/1,000 of the contract amount; 3/1,000 of the contract amount; 3/1,000 of the contract amount; 4.50,000 [A] under the contract “B” refers to the Defendant; hereinafter “B” refers to the Plaintiff; hereinafter the same shall apply)

3. “B” shall prepare a calculation of project operations by phase and submit it to “A”.

【Article 12(t)(1) “B” shall be notified to “A” when the performance of the present contract is completed and shall be subject to necessary inspection.

③ At the time of the request for the examination by “A”, the “A” may be deemed to have completed the examination within five business days from the date of the request for the examination by “B,” and the “A” may be deemed to have passed the examination by the tallying organization designated by “B,” and if the services provided by “A” are in a state of absence of any problem, the examination is completed.

(4) “A” shall immediately notify “B” of the withholding of examination by pointing out objective obstacles when it is deemed that the development work is not a temporary normal operation situation.

“B” may request the resumption of the examination only when the reasons pointed out by “A” have ceased to exist.

(5) Where any defect is discovered in the main service or the products in question, "B" shall, without delay, take necessary measures and undergo a re-examination with "A".

6. The last inspection date shall be the date approved by the “A” that the requirements specified in this Agreement and the accompanying documents of the relevant contract have been satisfied (the reference date of the tally confirmation).

[Article 14] (Payment of Price) ① “B” appears to have been erroneous in the “Article 12” of this Agreement.

tally, a tallyman.

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