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(영문) 부산지방법원 2018.08.17 2017나1162
용역대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On July 7, 2014, the Defendant, the representative of B Co., Ltd. (hereinafter “B”), entered into a technical service agreement with us on July 7, 2014 with respect to the alteration of the urban management plan for waste disposal facilities (a) located in the Busan-gun, Busan-gun, for the purpose of dealing with all affairs in relation to the alteration of the urban management plan for waste disposal facilities (ab) (ab) in which us has entered into a contract with us to pay KRW 100 million to us, and the Defendant paid KRW 20 million out of the service price to us pursuant to the above contract.

B. Korea terminated the above technical service contract under the agreement with the Defendant and provided the Defendant with the service performance that was performed until the termination of the contract.

C. On September 3, 2014, the Defendant, as the representative of B, concluded a technical service contract with the Plaintiff on September 3, 2014 with the content that the Plaintiff will provide services, such as urban management planning, environmental review (excluding environmental quality survey expenses), and notification of topographic drawings according to the determination of urban management planning regarding the closure of the instant waste disposal facility, and that the Defendant will pay the service price of KRW 80 million (excluding value-added tax) to the Defendant (hereinafter “instant primary contract”).

On November 2014, the Plaintiff entered into a contract (hereinafter “instant secondary contract”) with the Defendant, the representative of B, with respect to the contract amount of the instant primary contract, except that “in the event that the instant waste disposal facility is successful in the closure of the instant waste disposal facility, additional incentives of KRW 40 million (value added tax) shall be paid” as to the contract amount of the instant primary contract.

Provided, That the contract date shall be the date of preparation of the contract.

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