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(영문) 수원지방법원안양지원 2014.07.03 2014가단817
용역비
Text

1. The Defendant’s KRW 29,700,000 as well as 5% per annum from January 22, 2014 to July 3, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, the former Engineering Co., Ltd. (hereinafter “Ship-gu”), and the EsM Engineering Co., Ltd. (hereinafter “EsM”) were awarded a contract with the Korea Railroad Facilities Corporation for construction of the Section 8 Section 8 Section from the Seonsung to Songsan.

(hereinafter “instant construction project” and “Defendant, etc.” are collectively referred to as “Defendant, etc.”). B.

On November 201, the Plaintiff and Tae-Ma Engineering Co., Ltd. (hereinafter referred to as “Teo-Ma”) entered into a subcontract with the Defendant, etc. for ground research services among the labor team’s basic and working design services (hereinafter “instant services”) and completed the instant services.

C. The Plaintiff and Thai Mine agreed with the Defendant, etc. to settle the instant service price at KRW 300 million (excluding value-added tax); however, at the time of completing the service, the Defendant, etc. agreed to receive the payment according to the ratio of shares in the ordering area. Of the above KRW 300 million, the Plaintiff’s shares in KRW 60% 108,000,000 (i.e., Defendant’s shares in KRW 60% 108,000,000,000, and KRW 10% of 18,000,000,000 in Esio’s shares).

On July 31, 2013, the Defendant paid KRW 29.7 million out of the instant service payment to the Plaintiff.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. The assertion and judgment

A. 1) Determination on the cause of the Plaintiff’s claim was changed to 80% of the Plaintiff’s share in the process of performing the instant service, and 20% of the share in solar mine. Accordingly, the Defendant’s payment to the Plaintiff was settled at KRW 74,448,00,00, including value-added tax, and the Defendant is obligated to pay the Plaintiff the remainder of 44,748,000 won (=74,48,000 - the term payment - KRW 29,700,000) and damages for delay. 2) Determination is based on the written evidence Nos. 1, 4, and 5 alone between the Plaintiff and the Defendant.

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