beta
Text
1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from January 22, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. On January 14, 2008, the Plaintiff entered into a research service contract with the Defendant for “B research” (hereinafter “instant service contract”) with the research service cost of KRW 70 million, and from January 1, 2008 to December 31, 2008 during the service contract period (which was extended to March 31, 2009 thereafter).
B. The details of the instant service contract regarding the payment of research costs related to the instant case are as follows.
Article 3 (Payment of Project Costs) (1) An advance payment: 20% of the contract amount at the request of the plaintiff after the conclusion of the contract. (2) The intermediate payment shall be paid at the request of the plaintiff after the submission of the interim report. (3) Any balance shall be paid at the request of the plaintiff. 50% of the contract amount at the request of the plaintiff after the submission of the interim report.
2. The assertion and judgment
A. The Plaintiff asserted that, although the Plaintiff conducted research under the instant service agreement and provided the Defendant with research results on “B research,” the Defendant did not pay the remainder of KRW 35 million. Therefore, the Defendant is obligated to pay the Plaintiff the remainder of the instant service agreement KRW 35 million.
As to this, the Defendant alleged that the remaining KRW 35 million was justifiable for the Defendant to pay the remaining KRW 5 million after the Plaintiff submitted 50 copies of the final report. Since the Plaintiff did not submit 50 copies of the final report, the Defendant’s failure to pay the remaining KRW 35 million is justified.
B. We examine the judgment, and there is no dispute between the parties that the Defendant paid advance payment and intermediate payment of KRW 35 million among the research service costs of this case. The remaining KRW 35 million was paid upon the Plaintiff’s request after submitting the final report. From March 31, 2009, the Plaintiff paid 50 copies of the final report until December 31, 2008.