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(영문) 서울중앙지방법원 2018.08.24 2016가합541821
용역비
Text

1. The Defendant’s KRW 3,408,863,744 as well as 6% per annum from July 21, 2018 to August 24, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company running a design service business, etc. of a building, and the Defendant is a company established to promote a development business of the Yongsan Station Area International Business Zone (hereinafter “instant business”).

B. On December 27, 2011, the Plaintiff and the Defendant concluded a contract with the Plaintiff to provide construction design services (Planning, planning, planning, basic design, basic design, and working design) for each block, setting a part of the project site (B1, B2-1, B2-2, H, and R4a) from December 27, 201 to October 31, 201, and to pay service cost of KRW 51,214,90,00 in return for the provision, and the timing and methods of payment of the said price are as follows:

(hereinafter the above architectural design service is referred to as the "instant service" and the above contract is referred to as the "instant contract. The total amount of 20 months after 158 23 months after 157 months after 157 months after 12 months after 94 12 months after 12 months after 11 month from the date of conclusion of the plan design (based on the date of conclusion of the contract) 8/12 basic design 37 months after 11 months from the date of the 8/12 basic design 37 months after the 9/1000 after 157 16/19 months after 157 23 months after

C. On February 10, 2012, the Plaintiff completed the planning and design among the instant services and obtained approval for the Defendant’s inspection of completed the planning and design, and obtained approval for the Defendant’s inspection of completed the planning and design on September 13, 2012.

On July 4, 2014, the Plaintiff filed a lawsuit against the Defendant seeking the payment of service costs for the above planning design and planning design (Seoul Central District Court Decision 2014Da547504), and won the appeal (Seoul High Court Decision 2015Na201533), and the judgment of the second instance became final and conclusive on December 15, 2015.

On September 26, 2012, the instant project was completely suspended due to the Defendant’s failure to pay various operating expenses, such as construction cost, design cost, etc. up to KRW 100 billion due to the Defendant’s failure to raise funds, and Seoul Special Metropolitan City revoked the designation of the instant project operator with respect to the Defendant around October 2013.

The Korea Railroad Corporation shall be against the defendant around January 2014.

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