logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2016.05.25 2016가단1432
추심금
Text

1. The Defendant’s KRW 21,00,000 and the Plaintiff’s annual rate of KRW 5% from June 21, 2014 to May 25, 2016.

Reasons

1. On August 30, 2013, the Plaintiff entered into a contract with the Defendant to provide services for “the civil engineering design (the preparation of an implementation plan and an urban planning plan) for the urban infrastructure related to the housing redevelopment project in the YY 30% of the basic design at the time of completion of project implementation authorization for the project implementation of the basic design 30% of the basic design 9,000,000,000 when the project implementation plan was completed, at the time of completion of project implementation authorization for the project implementation of the basic design 30% of the working design 9,00,000,000, the Plaintiff entered into a contract on August 30, 2013.”

At the time, service costs shall be KRW 30 million, but the time of payment was set as follows:

On December 2013, the Plaintiff prepared design documents and submitted them to the Defendant.

On June 20, 2014, the "Public Notice of Authorization for Implementation of Housing Redevelopment Project in the Guang City/Gu" was issued.

The defendant paid only nine million won out of service payment until now.

[Grounds for recognition] A.1-4 Evidence, the purport of the whole pleadings

2. Issues and judgments

A. The Plaintiff’s completion of the design service business is recognized, but the key issue of the instant case is whether the due date for the payment of the service arrives.

B. The Plaintiff asserts that all design services are performed, and the “the time when approval of the use is completed” under the service contract refers to the time when the authorization of the project implementation is given, and the deadline for performing the service payment has arrived.

On the other hand, the defendant asserts that since the meaning of "the time when approval of use is completed" refers to the time when redevelopment project is completed and the final completion is completed, the part of KRW 3 million is not due.

(2) The preparation of the design documents that the plaintiff has received is submitted at the time of application for authorization for project implementation and is not submitted at the time of execution process or completion.

arrow