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(영문) 부산지방법원동부지원 2017.09.27 2016가단208763
용역비
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 174,90,000 and 20% per annum from July 1, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff was entrusted by Defendant A Co., Ltd. (hereinafter “A”) with design and supervision services for construction of a new building on three lots outside Ulsan-gu, Ulsan-gu, and Seoul-gu, and entered into a design service contract with Defendant A, setting the price of June 18, 201 to KRW 211,200,000, and entered into a supervision service contract setting the price of March 9, 2015 as KRW 108,50,000.

On March 2, 2015, the Plaintiff and Defendant A entered into a contract to change the service cost of KRW 272,800,000, and KRW 135,500,000 on March 1, 2016.

B. The Plaintiff completed design and supervision services for the construction of a new D building, and on June 8, 2016, approved the use of D building.

C. On June 2, 2016, Defendant A prepared and sent to the Plaintiff a note of payment of service costs (hereinafter “instant note”) with the following content, and Defendant B affixed a seal on the column of joint and several sureties of the said note of payment.

The amount of each service cost payment: The due date of the payment of the 174,900,000 won (Won 174,900,000): on 30 June 2016, the principal confirms that the said amount is unpaid with respect to the construction of the "D building" on three parcels, other than Ulsan Metropolitan City, Nam-gu, Seoul, and pledges that the said amount should be observed as follows:

1. The above amount shall be payable by the due date.

It will not delay or refuse payment for any reason later, and it is agreed that the KCAB will not raise any civil or criminal objection with respect to the design and supervision of the architect office.

2.If the account was not paid by the due date, the overdue interest for the account payable shall be paid in addition to 20 per annum from the following day to the due date of full payment.

3. When payments are not made on the date of commitment, all civil and criminal responsibilities relating thereto shall be borne by the principal and legal action shall be borne by him.

In addition, for any situation that occurs later, the KCAB shall be civil and criminal to the KCAB.

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