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(영문) 서울남부지방법원 2018.12.04 2018가단246877
용역비
Text

1. The Defendant’s KRW 35,200,00 and the Plaintiff’s annual rate of KRW 6% from May 1, 2018 to August 19, 2018.

Reasons

1. In fact, the Plaintiff is an individual entrepreneur who runs the mechanical design service business in the name of B, and the Defendant is a corporation that runs the business of manufacturing and selling straw straws, manufacturing and installing steel structures, etc.

The Plaintiff, upon receiving an order from the Defendant on December 21, 2017, supplied the service in accordance with the design service purchase specifications (preparation, etc.) to the amount of KRW 23,000,000,00 (Additional Tax).

The plaintiff filed a claim of KRW 22,770,00, which is 90% of the above payment, and the defendant issued a bill which is 22,770,000 at par value.

On April 30, 2018, the bill was settled in default on transactions.

In addition, among the above service costs, the Defendant claimed KRW 2,530,000, which is the remainder of 10%, and on April 16, 2018, it was confirmed that the Defendant’s staff-in-charge D had the amount of the additional design service cost of KRW 5,500,000 (including additional tax) related to the “E Creation Project” and KRW 4,400,000 related to the “F Construction Project Design” (including additional tax).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 35,200,000 won in total and damages for delay at the rate of 6% per annum under the Commercial Act from May 1, 2018 to August 19, 2018, the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

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