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(영문) 수원지방법원 2018.06.26 2016가단33253
용역비
Text

1. As to the Plaintiff’s KRW 83,50,000 and KRW 50,500,00 among them, the Defendant shall pay to the Plaintiff KRW 83,50,000 from January 15, 2016.

Reasons

1. Determination on the cause of the claim

A. (1) On March 4, 2009, the Plaintiff entered into a technical service agreement with the Defendant on the pre-assessment of the pre-assessment of the pre-assessment of the environment at a new site where Cschool dormitories are to be established, and directly entered into a technical service agreement with Cschool principal in the name of D Co., Ltd., the Plaintiff’s partner company (including value-added tax) with KRW 30,000,000 (including value-added tax).

(B) The Plaintiff completed the above service on March 30, 2009, and received the contract amount of KRW 30,000,000 from the head of C school around July 2009.

[Reasons] Facts without dispute, Gap evidence Nos. 3 and 25 (including the provisional number), and the purport of the whole pleadings (2) The plaintiff's assertion and the defendant agreed to pay the plaintiff the above additional cost if the costs exceed the above contract amount of 30,000,000 won while conducting the preliminary examination of the quality of the school service, and the defendant is obligated to pay the plaintiff additional cost of 10,000,000 won and delay damages.

(3) Since there is no evidence to prove that the Plaintiff and the Defendant agreed to pay the Plaintiff the cost incurred in excess of the contract amount of KRW 30,000,000 between the Plaintiff and the Defendant, the Plaintiff’s above assertion is without merit.

B. (1) On August 25, 2012, the Plaintiff entered into a service contract with the Defendant for the pre-assessment of the pre-assessment of the environment impact assessment of the FF Won on August 25, 2012, with the contract amount of KRW 27,50,000 (including value-added tax). The Plaintiff’s completion of the above service contract on July 22, 2013 may be recognized as having no dispute between the parties, or by taking account of the overall purport of the pleadings as set forth in the evidence No. 1-3 and No. 26.

(2) According to the above facts, the defendant seeks from the plaintiff as the service cost of KRW 27,500,000 and after completion of the above service work.

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