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(영문) 대구지방법원 2017.02.16 2016나301590
용역비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 13, 2010, the Defendant entered into a service contract between the Plaintiff and the Plaintiff on December 13, 2010, in which the Plaintiff entered into a contract with the North-gu General Industrial Complex B (hereinafter “instant complex”) to set the contract price of KRW 180,000,000 (Additional No. 1) to carry out the business of designating the complex and approving the modification of the implementation plan (hereinafter “the first service contract”).

B. On October 30, 2013, the Defendant agreed to terminate the first service contract between the Plaintiff and the Plaintiff, and concluded an agreement on the settlement of accounts for design services under the following terms (hereinafter “instant agreement”).

1) After obtaining the approval of B general industrial complex plan as of June 1, 2010, all books related to the approval of modification of B general industrial complex plan were prepared. On September 201, 201, after completing the preparation of modified B general industrial complex plan and visiting at port upon receipt, however, the site expansion cannot be permitted due to low construction rate and unsold problems of the site for which the approval was obtained, and there is a need for time without receipt. 2) Accordingly, under the agreement between the defendant and the plaintiff, the first service contract is terminated and all documents are given to the defendant at the same time on condition that the defendant pays KRW 20 million to the plaintiff.

3) All the documents are as follows. Upon the request of the Defendant for supplementation of the design documents, CDs, various impact assessment reports, and other documents, the Plaintiff promises to actively cooperate with the Plaintiff, and the secondary design services are to be subsequently consulted. 4) The Defendant and the Plaintiff comply with the above contents and do not raise a civil or criminal objection against each other.

C. On the same day, the Defendant entered into a service contract between the Plaintiff and the Plaintiff to set the contract amount of KRW 11,00,000 (including value added tax) for the work of calculating the amount of earth and sand in the general industrial complex B (hereinafter “second service contract”). At the time of entering into the second service contract, “The second service contract is terminated at the time of the completion of the permit to remove earth and stone at port and simultaneously becomes effective.”

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