logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.07.15 2015가합2053
용역대금
Text

1. The Defendant’s KRW 346,00,000 per annum from November 1, 2013 to December 17, 2014, and the following.

Reasons

1. Facts of recognition;

A. On November 10, 201, the Plaintiff entered into a service contract (hereinafter “instant service contract”) with the Defendant providing “the alteration of the current state of, and design for, cultural heritage in, the Incheon-gun District” (hereinafter “instant service contract”) on the service period from November 1, 2011 to June 30, 2012, with respect to “the alteration of the current state of, and design for, the deliberation on, cultural heritage in, the Incheon-gun District” (hereinafter “instant service contract”) and the service cost of KRW 429 million (including value-added tax; hereinafter the same shall apply).

B. As to the timing for payment of service charges, the above service contract provides that KRW 110 million shall be paid at the time of entering into a contract, KRW 110 million at the time of receipt of a deliberation on the alteration of the current state, and KRW 29 million shall be paid within seven days at the time of passing a deliberation on the alteration of the current state (Article 5 of the above contract). Furthermore, in addition to the design service charges at the time of passing a deliberation on the alteration of the current state of cultural heritage, approximately KRW 250 out of land substitution and development recompense land shall be transferred to the Plaintiff.

(Article 23(2)(c) of the above Agreement

On October 22, 2013, the Plaintiff performed all of the duties stipulated in the instant service contract, and obtained permission for the alteration of the current state from racing, but the Defendant paid only KRW 83 million out of the service price.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to transfer to the plaintiff the remaining service cost of KRW 346 million under the service contract of this case (=total service cost of KRW 429 million - total service cost of KRW 83 million) and KRW 250 out of land substitution and land substitution and land substitution recompense for development outlay.

Therefore, the Defendant is obligated to pay the remaining service cost of KRW 346 million to the Plaintiff and damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from November 1, 2013 to December 17, 2014, which is the delivery date of the application for the payment order of this case, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. The plaintiff's claim for conclusion is reasonable.

arrow