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1. The defendant shall pay 107,250,000 won to the plaintiff and 20% per annum from October 9, 2012 to the day of complete payment.
Reasons
1. Basic facts
A. The Defendant was awarded a contract with Korea Development Co., Ltd. (hereinafter “Korea Development Co., Ltd.”) for the basic service cost of the 3,824,000,000 Won (hereinafter “instant contract”). The advance payment of KRW 1,400,000 out of the service cost was concluded on the date of the contract, intermediate payment of KRW 1,464,00,000,000 from the date of the Defendant’s submission of the project proposal to the Seoul Special Metropolitan City, and then the cost of completion was KRW 740,000,000 within 30 days from the Defendant’s filing date of the request, after the consideration and development was selected as the contractor of the Myeon Sejong Steel Steel Co., Ltd. (hereinafter “Korea Development”), and then the Defendant agreed to receive KRW 220,00,000 from the date of the Defendant’s request within 30 days from the date of designation of the first negotiation subject.
B. On August 1, 2005, the Plaintiff received a subcontract from the Defendant for the part of ground survey service from August 1, 2005 to December 31, 2005; the service cost of KRW 214,500,000 (hereinafter “instant subcontract”); and the payment of the service cost of Article 8 of the said subcontract is indicated as follows:
(1) The service cost shall be classified into advance payment, progress payment, and completion payment. (1) The service cost shall be classified into advance payment, progress payment, and completion payment.
(2) Advance payment: (1) Where the Defendant received advance payment under the instant contract from Korea Development, the Defendant may, at the Plaintiff’s request, pay advance payment to the Plaintiff so that the Plaintiff can perform his service smoothly; and in this case, the payment rate shall be within the scope of the payment rate for consideration and development.
② If the Plaintiff wishes to receive advance payment under the instant subcontract, the Plaintiff shall submit to the Defendant an advance payment guarantee policy or a payment guarantee certificate acknowledged by the Defendant to guarantee the return of the advance payment, prior to the receipt of the advance payment.
(3) Where a contract is terminated or terminated,