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(영문) 서울중앙지방법원 2017.10.27 2016가합566394
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 30, 2013, the Plaintiff and the Defendant performed the service of developing and providing programs related to “B” to the Defendant, and the Defendant entered into a service contract with the content that the Plaintiff shall pay the Plaintiff the service price (hereinafter “instant contract”). The main contents are as follows.

Services costs: Terms of contract of KRW 891,000,000 (including value-added tax): From December 20, 2013 to September 19, 2014: Common business and union members management, credit/debt management, debt management, accounting management, land/by-products management, living money management, mixed animal feed management, mixed animal feed management;

B. On January 30, 2015, the Plaintiff completed the performance of the instant service under the instant contract, and was paid KRW 891,000,000 from the Defendant during the period from January 16, 2014 to March 17, 2015.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 4, and the purport of the whole pleadings

2. In the course of the Plaintiff’s assertion that the Plaintiff provided B services under the instant contract, the Defendant demanded an addition or modification of the program not scheduled under the contract, and the Plaintiff accordingly invested more human resources than those stipulated in the contract.

In addition, Article 13 of the General Conditions of the Contract of this case provides that if the unit price is increased or decreased due to a change in the business contents, the service price shall be adjusted.

Therefore, the defendant is obligated to pay the service cost for the additional human resources added to the plaintiff pursuant to Article 13 of the above general terms, and the reasonable service cost for the additional human resources is KRW 880,457,215, and the defendant is obligated to pay the plaintiff the service cost of KRW 880,457,215, and delay damages for the additional human resources.

3. According to Article 13 (4) 3 of the General Conditions of the Contract of this case, if the contents of the service stipulated in the contract of this case are modified at the defendant's request, the service payment may be adjusted through consultation between the plaintiff and the defendant. Thus, the plaintiff claims to the defendant other than the service payment stipulated in the contract of this case.

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