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(영문) 춘천지방법원원주지원 2016.10.11 2015가단8932
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 20,225,975 and the interest rate of KRW 15% per annum from December 9, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. On October 1, 2009, the Plaintiff entered into a service contract (hereinafter “instant service contract”) with the Defendant with the following terms, which stated the service cost of KRW 95 million (excluding value-added tax) and the contract period from October 1, 2009 to April 30, 2012 (hereinafter “instant service contract”).

Article 1 (Purpose) The purpose of this Act is to establish follow-up measures so that any unexpected adverse effect on environmental management may be caused by environmental management by the development project of Chuncheon public golf course.

Article 2 (Scope of Business) The scope of the main business shall be set up and submit a report on the post environmental impact assessment and report under Article 24 of the Environmental Impact Assessment Act, and actively cooperate in the on-site inspection by the relevant

Article 5 (Payment Method of Service Price) The payment of service price shall be made in equal installments by quarter during the contract period.

B. In accordance with the instant service contract, the Plaintiff submitted to the Defendant a notice of the results of the environmental impact survey in January 13, 2009, the notice of the results of the environmental impact survey in January 18, 201, the notice of the results of the environmental impact survey in January 2010, and the notice of the results of the post environmental impact survey in January 20, 2012, respectively.

C. On April 19, 2012, the Plaintiff issued an electronic tax invoice for KRW 20,225,975 with the remainder of the service cost as the person who is supplied with the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5-1 to 3, Gap evidence 6-1 to 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion fully performed its obligations under the instant service contract. As such, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 20,225,975 and the delay damages therefrom.

B. The Defendant’s assertion 1 of the instant service agreement is a contract with the content that the Plaintiff shall complete the completion inspection of the instant golf course operated by the Defendant, and the Defendant shall pay the Plaintiff the remuneration for the completion inspection.

In addition, the plaintiff is in the service contract of this case.

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