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(영문) 서울서부지방법원 2020.06.10 2019가합31504
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the party is a corporation with the objective of plant design, manufacturing, construction, supervision, etc., and the defendant is a corporation with the purpose of generating industry, solid fuel, and related product wholesale business.

B. The Plaintiff and C Co., Ltd. concluded a design service contract with C Co., Ltd. (hereinafter “Nonindicted Company”) on November 1, 2016 with respect to the construction of power plants, etc. to “new and renewable energy supply power generation business” for “stock company D’s new and renewable energy supply power generation business,” and prepared and supplied a detailed design drawing by April 30, 2017, by the time of completion. However, the Plaintiff determined the service price for preparing the basic design drawing as KRW 869,00,000 (including value-added tax. 33,00,000, intermediate payment of KRW 608,300,000, and the remainder of KRW 227,70,000).

C. On May 8, 2017, the Plaintiff completed the preparation of the basic design drawings, and supplied the basic design drawings (hereinafter “instant design drawings”) to the non-party company on May 27, 2017.

The non-party company, which is not paid the service cost of the non-party company, paid to the Plaintiff only KRW 5,000,000, total of KRW 33,000 and part of intermediate payment KRW 22,000,000, out of the service cost relating to the design drawing of this case. The non-party company did not pay the remainder of intermediate payment and the remainder KRW 814,00,000 (=608,300,000 - 22,000,000, 227,700,000).

E. On February 13, 2019, the Plaintiff and Nonparty Company filed an order for payment with Nonparty Company seeking payment of service costs of KRW 814,00,000 against the Plaintiff and Nonparty Company, and received a payment order citing the entire application.

(C) The above payment order was finalized on March 27, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 3 to 5, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that Nonparty Company provided the Defendant with the instant design drawings around 2018.

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