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(영문) 대전지방법원 2017.02.09 2016가단19920
용역대금
Text

1. The Defendant’s KRW 10,000,000 as well as the annual rate of KRW 5% from July 2, 2016 to February 9, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 4, 2006, the Plaintiff entered into a service contract with C and the Defendant (hereinafter “instant contract”) and its main contents are as follows.

A: Representative B B of D Company B: A of the E Company A and B shall serve as a key for performing services related to the construction of a new factory, and shall enter into a contract as follows to clarify the rights and obligations related thereto:

Article 1 (General Provisions) (1) B shall provide services for the establishment of a new factory for the land determined by A.

(2) Eul shall faithfully perform all the obligations under this contract in accordance with the principle of trust and good faith.

Article 2 (Opening of Contracts) The outlines of contracts to be performed between both parties are as follows:

(1) Construction of a new factory: F, G, and five lots (H) (3): Approval for the establishment of a new factory. (4) The service period: January 1, 2006 (not later than 6 months) and (5) The service scope:

(a) Approval for new construction of a factory;

B. The above scope of service is subject to the condition that Gap and Eul shall cooperate and complete the above scope of service.

Article 3 (Payment of Service Fee) (1) A and C shall pay to B the service cost by the following means:

- At the time of commencement: 70,000,000 - at the time of receipt of the application: 70,000,000 won: at the time of completion: 60,000,000 won, this service agreement is a condition that Gap and Byung shall obtain within the time limit for permission for the establishment of a district-unit factory and transfer it to Byung, and the condition that Eul shall return the full amount of the service cost to Byung when it becomes a condition that Eul will return it or submit withdrawals due to Gap's fault in performing its service.

Under the instant contract, the Plaintiff paid KRW 70 million to the Defendant on May 4, 2006 as the down payment, and thereafter, paid KRW 80 million on July 21, 2006, as the Plaintiff received an application for approval for factory construction on July 21, 2006, as regards the land under the instant contract, I, J (former Change), and five parcels (hereinafter “instant land”).

C. The application for a new construction of the above factory is filed.

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