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(영문) 광주지방법원목포지원 2016.04.06 2014가단13585
용역비
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 5, 2008, the Plaintiff entered into a contract for the working design of private investment facilities business (hereinafter “instant contract”) with the Kyoung Construction Co., Ltd. and the Kanyang Construction Co., Ltd., Ltd., and the Kanyang Construction Co., Ltd., Ltd., as well as the Kanyang Construction Co., Ltd., Ltd.’s office and the Kan

o Amount of a service contract: 1,084,224,00 won (excluding surtax) - 1,000 - Scope of business - total execution design drawings (construction, civil engineering, electricity, fire fighting, machinery, landscaping, etc.) - preparation of implementation design drawings, invoices, specifications, design specifications - Consultation on construction permit - completed drawings (consultations on other architectural firms at the time of design change recognized by the ordering authority - Consultation on other architectural firms - Time for payment for design-related consultation on design: 381,267,00 won at the time of contract (pre-payment) - 28% at the time of contract (after approval of the implementation plan) 301,267,200 won, remainder (after approval of the implementation plan and capital of a corporation): 100,42,400 won after completion of construction work: 100,42,400 won after completion of construction work: 40% after completion of construction work of each construction work of the Plaintiff and the Corporation.

B. In accordance with the instant contract, the Plaintiff supplied the design documents to the South Young-gu Construction Co., Ltd., and the South Young-gu Construction Co., Ltd. was permitted to complete the construction of the Army facilities in the Pyeongyang and Yangyang Military Co., Ltd. around April 2012.

C. On May 12, 201, the Nam Young Construction Co., Ltd. received a decision to commence rehabilitation procedures as the Gwangju District Court 201 Gohap12, and a decision to authorize the rehabilitation plan as of December 19, 201, respectively. In addition to KRW 55 million reported by the Plaintiff as the rehabilitation claim in relation to the instant contract, the service remainder claims to be sought in the instant lawsuit were not reported as the rehabilitation claim in the rehabilitation procedure for the Nam Young Construction Co., Ltd.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1, Eul's statements No. 1-1 through 1-3, and the purport of the whole pleadings.

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