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(영문) 서울중앙지방법원 2016.05.27 2013가합500140
용역비
Text

1. As to KRW 1,414,048,604 among the Plaintiff (Counterclaim Plaintiff) and KRW 1,193,28,000 among the Plaintiff (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On March 21, 2011, the Defendant contracted the “A” service from the Defendant’s Intervenor (hereinafter “instant original service”) with the total contract amount of KRW 8,250,000,000,000 and the contract period from March 24, 2011 to September 23, 2012 (hereinafter “instant original contract”); and thereafter, on March 24, 201, Hyundai Cenna Co., Ltd., with the contract amount of KRW 2,365,00,00,000 and the contract period of the instant original service as from March 24, 2011 to September 23, 2012.

(hereinafter “instant service contract”). After March 2012, Hyundai Cenna Co., Ltd. entered into a contract with the Defendant to increase the contract amount of KRW 2,365,00,000 to KRW 2,783,662,680 of the instant service contract and to extend the contract period from September 23, 2012 to October 23, 2012.

(hereinafter “instant modified contract”). At the time of the conclusion of the instant modified contract, the Defendant agreed to pay the remainder of KRW 2,00,374,680, 200, excluding the total of KRW 783,288,00,000, and the total of KRW 425,70,000, and the total of KRW 357,58,000, paid in 200,374,680, respectively, at the time of completion of the second advance payment, design termination, realization/test completion, respectively, in 2012.

According to the instant service agreement, the Defendant paid KRW 1,193,28,000 in total as KRW 425,70,000 with the first advance payment on June 15, 201, and KRW 357,58,000 with the progress payment on November 30, 2011, and KRW 410,000 with the second advance payment on April 18, 2012.

On October 4, 2012, Hyundai Cenna Co., Ltd. notified the Defendant of the termination of the instant service agreement on the ground that “the Defendant did not pay part payments to be paid in accordance with the instant service agreement, and made it clear that there was no intention to pay additional service costs to be increased due to the addition of the scope of service, etc.”

After October 19, 2012, the Intervenor joining the Defendant pursuant to the instant original contract to the Defendant.

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