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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the purpose of the entire pleadings in the entry in Gap evidence Nos. 1, 2, and 3:
On January 10, 2012, the Plaintiff entered into a technical service agreement with the Defendant with the following content:
(hereinafter referred to as “instant service contract”). The service name: The period of design and field support service for the application of the STPP to A-built Construction Project: the contract price from the time of the contract to the completion of underground construction: the contract price: KRW 100,000,000 (excluding value-added tax): the time for payment is as follows:
- When the contract is concluded: 10,000,000 won (excluding value-added tax) - When the final drawings and invoices are delivered: 40,000,000 won (excluding value-added tax) - When the establishment of a concrete building on the first-class floor is completed: 10,000,000 won (excluding value-added tax) - When the concrete building on the first-class floor is on the fourth-class or the fifth underground floor: 8,00,000 won (excluding value-added tax) each
B. After performing the service under the instant service contract, the Plaintiff issued each tax invoice to the Defendant as indicated below and received the service payment from the Defendant.
The value of supply of the tax invoice issued on February 7, 2012 on the date of payment of the tax invoice shall be 10,000,000 on April 5, 2012, 11,000,000 on April 5, 2012; 40,000,00 on April 25, 2012 on April 25, 2012; 18,80,000 on July 19, 200 on July 19, 200, 208; 100,000 on August 18, 200, 200, 200 on August 27, 200, 200; 10,000,00 on February 8, 2013, 200, 8,000 on the date of payment of the tax invoice issued;
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the remaining service payment of KRW 8,800,000 (=8,000,000) to the plaintiff unless there are special circumstances. (10%) and damages for delay.
3. Judgment on the defendant's defense
A. The Defendant agreed not to claim the remainder of the service payment, which had already been made between the Plaintiff and the Defendant, within the meaning of compensating for the damages suffered by the Defendant due to the Plaintiff’s design error, and thus, the Defendant is the Defendant.