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(영문) 서울중앙지방법원 2016.02.18 2014가합55791
용역대금
Text

The defendant's KRW 649,000,000 and its relation to the plaintiff shall be 5% per annum from November 14, 2014 to February 18, 2016.

Reasons

Basic Facts

A. The Daewoo Shipbuilding Marine Co., Ltd. (hereinafter “Ecuador Marine Co., Ltd.”) was authorized to undertake the business of creating the Scuador (hereinafter “instant Park”) conducted in Ecuador Country.

B. On August 18, 201, the Defendant entered into a treatment tank and MOU (MOU) on August 18, 201 in order to accept a subcontract for design work among the said Park Creation Project. On January 3, 2012, the Defendant entered into a contract with the Plaintiff on January 3, 2012 to re-subcontract the civil engineering and landscaping portion among the said design work.

C. Around June 2012, the Defendant failed to conclude a fixed contract on the design work of the Daewoo Shipbuilding and the Park Creation Project.

On December 31, 2012, the Plaintiff entered into a design service contract with the Defendant and the instant park construction project, which sets the contract period from December 31, 2012 to March 31, 2013 with respect to the basic and working drawings for the civil engineering and landscaping sectors (including value-added tax), and the amount of which is KRW 649,00,000 (including value-added tax).

(hereinafter “instant design service contract”). Article 7 (Payment of Price) (1) The Defendant shall pay the price to the Plaintiff according to the prescribed procedure when he approves the performance of the task that the Plaintiff performed and submitted.

(2) The total contract amount shall be paid in full to the Plaintiff three months after the date of conclusion of the contract.

(3) Provided, That where approval and payment are delayed from the original ordering office, the defendant shall pay the contract amount to the plaintiff after obtaining approval and receiving the payment from the original ordering office.

The provisions concerning the payment of design service contracts shall be as follows:

[Reasons for Recognition] The Plaintiff’s assertion of the parties to the determination as to the grounds for a claim for determination of the overall purport of the pleadings and the testimony of the witness A is a contract which was finally concluded by the Defendant for the purpose of settling the cost that the Plaintiff had already been paid to the time, after the Defendant failed to receive the fixed order of design service from the treatment shipbuilding.

The plaintiff is in the above design service contract.

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