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(영문) 대구지방법원 2015.09.25 2013가단37095
감리용역비
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 30,000,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Plaintiff is a civil engineering technician, and the Defendant is a corporation with the aim of providing construction technology and supervision services, and the Plaintiff was registered as a technician belonging to the Defendant from June 4, 2007 to August 31, 2010.

1. Korea comprehensive technology: 1,093,200,000 won (70.99%) for the defendant: 446,800,000 won (29.01%);

3. If it is necessary to adjust the equity ratio of the two companies due to changes in the amount of construction works subject to supervision, such as change of the contract period, extension of the contract period, adjustment of human resource placement plan, and failure to replace the agreed human resources between the two companies, this joint supply and demand agreement shall be prepared under the agreement of the two companies, and the difference arising from a change in the equity ratio shall be adjusted in advance, progress payment, and completion payment by the first one’s equity ratio within seven days after receipt

B. On December 21, 2007, the Defendant and the Korea Comprehensive Technology Co., Ltd. (hereinafter “Korea Comprehensive Technology”) jointly received the supervision services of C (hereinafter “C site”) from Posisi on December 21, 2007 to February 26, 2010, the contract period of KRW 1,540,000 from December 27, 2007 to February 26, 201 (Korean Comprehensive Technology 70%, Defendant 30%) and entered into a joint supply and demand agreement as follows.

After that, the Defendant and the Korea Comprehensive Technology entered into a contract with the period of the time of port call on November 30, 2009 and the period of the contract from December 27, 2007 to January 18, 2010 to the contract amount of KRW 1,483,60,000, and completed the above supervision service on January 18, 2010.

Around December 2010, the Defendant entered into a joint supply and demand agreement to pay KRW 57,770,000 to Korean comprehensive technology by settling accounts for human resources inputs with Korea’s comprehensive technology (i.e., a reply for fact inquiry in prior litigation) (i., a tax invoice issued on December 31, 2010; and (ii) remitted KRW 57,770,000 to Korean comprehensive technology on January 18, 201.

C. Defendant and Korea’s comprehensive technology are March 2008.

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