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(영문) 서울동부지방법원 2015.09.18 2014가합109516
용역비
Text

1. From May 29, 2013 to December 1, 2014, Defendant Ubane Co., Ltd.: (a) KRW 5,750,000 to the Plaintiff and its related amount.

Reasons

The following facts are deemed to have been led by the Defendant Company pursuant to Article 150 of the Civil Procedure Act: (a) recognition of the claim against the Defendant Bigus Corporation (hereinafter referred to as the “Defendant Company”).

On April 2013, Swegian Co., Ltd. (hereinafter “Swegian Co., Ltd”) concluded a contract with Defendant Company and “SPO-Net Seoul Co., Ltd.” (hereinafter “SPS”) to provide improvement services for the functions of KSO-Net pre-adjudications ordered by the National Sports Promotion Foundation, and the Defendant Company will pay KRW 13,750,000 to Nonparty Company.”

The non-party company completed services under the above contract on May 28, 2013, but did not receive KRW 5,750,000 from the defendant company.

On January 20, 2014, the non-party company was declared bankrupt by the Seoul Central District Court (2013Hahap192), and the above court appointed the plaintiff as the bankruptcy trustee on the same day.

Judgment

According to the above facts of recognition, the Defendant Company is obligated to pay to the Plaintiff, the bankruptcy trustee of the non-party Company, 5,750,000 won, and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from May 29, 2013 to December 1, 2014, the delivery date of the complaint of this case, and 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

On August 5, 2013, the non-party company entered into a contract with the Defendant Korea Highway Corporation (hereinafter “Defendant Corporation”) to the effect that the non-party company established the smart electronic document system of Defendant Corporation and the non-party company pay KRW 601,00,000 to the non-party company.” (hereinafter “instant contract”).

Article 26 of the General Conditions of the Service Contract (Payment of Price) (1) The non-party company may submit to the defendant a claim for payment of the price as completed portion at least every 30 days until the inspection is completed.

(2) A contracting officer shall make compensation according to the details of examination within five days from the date the inspection is completed.

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