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(영문) 서울고등법원 2014.12.26 2014나29454
용역대금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 17250,000,000 and the defendant shall pay to the plaintiff on October 2012.

Reasons

1. Basic facts are as follows: “The basic design service of this case is to be awarded to the Defendant, the Korea Development Corporation (hereinafter “Korea Development Corporation”) and the “Korea Development Corporation (hereinafter “Korea Development Corporation”) for the basic design of the special design of the special design of the special design of the special design of the special design of the special design of the special design of the special design of the special design of the special design of the special design of the special design of the special scopic spopic spopic s

B. On August 1, 2005, the Plaintiff and the Defendant concluded the instant service contract with the Plaintiff on August 1, 2005 (hereinafter “instant service”). The Plaintiff and the Defendant concluded the instant service contract with the amount of KRW 214.5 million (hereinafter “instant service contract”). The Plaintiff and the Defendant agreed to contract again to contract to the Plaintiff.”

AB concluded the agreement.

[Reasons for Recognition] No. 1, Gap evidence No. 7-3 and 4, the purport of the whole pleadings

2. Right to claim a service price;

A. At the time of the instant service contract, the Plaintiff asserted that, in the event that the Plaintiff completed the service and submitted the result to the Defendant and passed the Defendant’s inspection, the Plaintiff agreed to pay the service price in this case upon the Defendant’s request for the payment of the service price, and the Plaintiff completed the instant service in accordance with such agreement, the Defendant is obliged to pay the Plaintiff the unpaid amount of KRW 17250,000

Accordingly, the Defendant: (a) received the instant basic design service from Korea Development; (b) however, it is uncertain whether the project owner of Korea Development was ordered to receive the service payment; and (c) agreed to pay the instant service payment to the Plaintiff within the payment rate of the service payment received from Korea Development (hereinafter “the payment rate for Korea Development”); and (d) the Defendant has already agreed to pay the Plaintiff the service payment in excess of the payment rate for Korea Development.

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