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(영문) 울산지방법원 2018.10.04 2017가단15743
용역비 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts subsequent to the facts of recognition are recognized as either a dispute between the parties or in full view of Gap evidence of 1 to 13, Eul evidence of 1 to 30, and the purport of the entire pleadings.

A. A. Around December 2008, the network E (hereinafter “the network”) entered into a service contract with the Plaintiff on the content that “the deceased will engage in civil engineering design, environmental impact assessment, forest tree-scale survey, cadastral survey, disaster impact assessment, amnesty assessment, surface index survey, view analysis, and landscape review” (hereinafter “instant service contract”).

B. The service cost stipulated in the instant service contract is KRW 350,000,000 (i.e., the cost for civil engineering and design services of KRW 130,000,000 for environmental impact assessment services of KRW 150,000 for forest trees of KRW 150,000 for cadastral survey services of KRW 150,000 for the cost for cadastral survey services of KRW 10,000 for 30,000 for surface assessment services of KRW 10,000 for surface assessment services of KRW 10,000 for surface assessment services of KRW 30,000 for surface assessment services of KRW 10,000 for surface assessment of cultural properties of KRW 8,000 for surface assessment services and for landscape review services of KRW 5,000 for each of the following terms for payment.

When submitting a draft payment of KRW 20% (70,00,000) of the first intermediate payment at the time of entering into a contract, when submitting an application for permission to collect earth and stones of KRW 20% (70,000,000) of the second intermediate payment at the time of submitting a draft payment of KRW 35% (122,50,000) of the first intermediate payment (70,000), payment of the remainder 10% of the second intermediate payment (52,50,000 won) at the time of permission to collect earth and stones of KRW 15% (5,00,000)

C. Article 7 of the instant service contract provides for the following:

Article 7 (Cancellation of Contracts) The plaintiff may terminate all or part of this Agreement in the following cases:

1. When it fails to commence without justifiable grounds by the agreed deadline;

2. In case where the Deceased was engaged in the task in violation of the direction of the Plaintiff.

3. When the contract violates the other terms and conditions of the contract. However, when the contract is terminated earlier, the plaintiff shall pay the price according to the ratio of the base value at the request of the deceased.

The Deceased.

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