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(영문) 수원지방법원 2015.02.05 2014나26870
용역비
Text

1. Of the judgment of the first instance court, KRW 15,158,880 against the Plaintiff and its related thereto, from January 22, 2014 to February 5, 2015.

Reasons

1. Basic facts

A. The Defendant was awarded a contract with the Korea Rail Network Authority for the construction work of the Section 8 Section for the Seo-Sscopic Peong-Scopic Pecopic Pecopic Pecopic Pecopic Co., Ltd. (hereinafter “Pecopic”) and Escopic Pecopics Co., Ltd. (hereinafter “Sscopic”).

B. Around November 201, the Plaintiff and the Taedae Engineering Co., Ltd. (hereinafter referred to as the “Teosung”) completed the instant service by jointly entering into a subcontract (hereinafter “instant service contract”) with the Defendant, etc. for ground research services (hereinafter “instant service”) among the labor union’s basic and working design services of the instant construction project, and the price foro service: KRW 300,000,000 (excluding value-added tax; hereinafter the same shall apply): The price for services under the special agreement shall be paid according to the ratio of shares of the Defendant (30%) in line (60%) in line with the settlement ratio of the order place at the time of the completion of the service, and the amount equivalent to the share ratio of the Plaintiff (60%) and Thai (10%) in line (10%) shall be paid, and in cases where the service cost for the instant service is settled between the ordering party and the Defendant, etc., the amount of the service cost pursuant to the instant service contract shall be adjusted only for the portion recognized as applicable to the settlement.

The main contents of the instant service contract are as follows.

C. On July 31, 2013, the Defendant paid KRW 29,700,000 out of the instant service price to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4, the purport of the whole pleadings

2. The assertion and judgment

A. (1) After the Plaintiff’s assertion on the grounds of the instant claim, the Plaintiff’s share was changed from 60% to 80%, and the share in solar mine was changed from 40% to 20%, respectively. The Plaintiff and the Defendant, etc. paid the Plaintiff the service cost of KRW 67,680,00 upon adjusting the service cost of this case to 282,00,000, = 282,000.

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