(영문) 대구지방법원 2016.10.28 2016가합202576

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(영문) 대구지방법원 2016.10.28 2016가합202576

용역비

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1. The Defendant’s KRW 374,818,219 as well as the Plaintiff’s KRW 6% per annum from May 1, 2006 to October 12, 2015, and the following.

Reasons

1. Facts of recognition;

A. A. Around January 28, 2005, the Plaintiff entered into a construction design service contract (hereinafter “instant service contract”) with the Defendant with respect to the construction of main complex facilities on the ground of the Daegu Suwon-dong 191-1 (hereinafter “instant project”) with respect to the construction of main complex facilities (hereinafter “instant project”).

Design contract for a building - Construction of Daegu Complex Facility (tentative name): Construction of a new site: 191-1 - Contract Amount: 8,190,000,000 won (terms of payment of service charges) 1 (referring to the defendant; hereinafter the same shall apply) shall be paid to B (referring to the plaintiff; hereinafter the same shall apply) for design remuneration on the basis of the following subparagraphs:

(Value-added tax separate). At the time of application for construction of a non-fixed service contract - 20,000,000 won - as of March 3, 2005 - at the time of application for construction of a contract amount of KRW 30,000,000 (at the time of receipt of a traffic impact assessment review) 5,09,500,000 won contract amount of KRW 50,000,000 for P/F 30% at the time of application for approval of the project, 20% at the time of application for approval of the project of KRW 1,638,00,00,000 for the project, 25% at the time of commencement of the project, 202,047,50,000,000 (supply of Goods) - 1,638,000,000 if the design design drawings were fully or partially interrupted by the time of suspension of design work.

(2) The remuneration for duties performed by the time when such duties are interrupted shall be settled at actual expenses through mutual consultation.

(3) Where all or part of the design business has been interrupted due to any cause attributable to B, the remuneration which A has already paid to B shall be settled and refunded.

B. The Defendant failed to carry out the instant project on the ground that the land price increase did not purchase the land of the instant project, etc., and transferred the instant project implementation right to another company around March 2006.

C. The plaintiff on April 13, 2006.

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