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(영문) 대전지방법원천안지원 2020.08.28 2018가합102860
용역비
Text

1. As to KRW 759,220,00 among the Plaintiff and KRW 300,00,000, the Defendant shall pay to the Plaintiff KRW 459,220,000.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company whose purpose is to investigate civil engineering and construction plans, and the Defendant is a company that engages in domestic waste disposal business, etc.

B. On August 2, 2017, the Plaintiff entered into a service contract for environmental impact assessment (hereinafter in this case’s service contract for environmental impact assessment) with the Defendant on the following grounds: (a) the Plaintiff conducted environmental impact assessment of the waste disposal facilities in the C Complex (hereinafter in this case’s waste disposal facilities); and (b) the Defendant entered into a service contract for environmental impact assessment (hereinafter in this case’s service contract for environmental impact assessment) with the intent to pay the Plaintiff the service cost of KRW 470 million (excluding value-added tax). (b) the Plaintiff entered into a service contract for environmental impact assessment (hereinafter in this case’s service contract for environmental impact assessment) with the Defendant on October 12, 2017; (c) the Plaintiff prepared the basic and shop design report, design drawings, etc. for the instant waste disposal facilities development project and submitted it to the Defendant; and (d) the Defendant entered into a service contract for basic and shop design (excluding value-added tax) with the service cost of KRW

(3) In the event that it is deemed impossible for the Plaintiff and the Defendant to perform services due to inevitable reasons, such as the Plaintiff’s progress and natural disasters, the Defendant shall pay the price according to the fair rate (Article 4(2)), and the Plaintiff and the Defendant shall pay the price for the services performed by the Plaintiff, if it is inevitably impossible to achieve the purpose of the contract due to inevitable reasons, such as the cause recognized by both the Plaintiff and the Defendant, natural disasters, etc. (Article 10(4)3).

The defendant's termination of the contract.

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