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(영문) 광주지방법원순천지원 2020.02.20 2019가단76594
용역비
Text

1. The Defendant’s KRW 15,360,00 for the Plaintiff and KRW 6% per annum from January 4, 2019 to February 20, 2020 for the Plaintiff.

Reasons

1. Basic facts

A. On June 19, 2017, the Plaintiff, a stock company, engaging in construction business, service business, etc., concluded a contract with the Defendant on the “C University Urban Management Planning (School Facilities) change Services” (hereinafter “instant services”) with the term of contract from June 19, 201 to January 18, 2018, setting the price of KRW 100 million and the term of contract from June 19, 2017.

B. The instant service contract includes the following:

Article 2 (Contents of Business) The Plaintiff shall perform the duties of determination of an urban management plan within the area designated by the Defendant.

(b) Article 12 (Compensation for Delay)

1. When the plaintiff fails to complete the technical service performance product within the period specified in the contract, the plaintiff may deduct the amount of the contract for the services in each field from the contract price for delay (2/1,00) for each number of days of delay.

2. Where the plaintiff intends to extend the service performance period, he shall request in writing the defendant to extend the service performance period, and when the defendant recognizes it, he shall be exempted from penalty for delay.

In any of the following cases, a request for the extension of the service performance period may be made:

Cases of force majeure such as natural disaster, etc.

2. Where the commencement of technical services or technical services is delayed or suspended on a defendant's responsibility;

3. Where the details and duration of business are extended due to delay in administrative procedures or changes in relevant regulations, etc. due to supplementation, etc. after consultation with the relevant office or office;

C. In the course of the Plaintiff’s execution of the instant service, on October 12, 2017, the Yeongdeungpo-si Urban Planning Committee passed a resolution on “Conditional Expropriation” (hereinafter “instant resolution”) on the amendment of the urban management plan (school facilities) submitted by the Defendant on the condition that “affirmative Expropriation, etc. of Private Land Incorporated into School” was “affirmative Expropriation, etc.” (hereinafter “instant resolution”).

On November 24, 2017, the Defendant submitted a “written drafting for the determination of urban management planning (facilities: schools)” at the time of the publication, and on March 16, 2018, the publication of the residents’ opinions is made.

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