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(영문) 서울중앙지방법원 2017.09.08 2016가단17819
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 29,769,004 as well as 6% per annum from August 19, 2015 to September 8, 2017.

Reasons

1. Basic facts

A. On November 1, 2014, the Plaintiff entered into a service agreement with the Defendant that the Defendant delegated the Plaintiff with the registration of the U.S. Food Pharmacy (FDA) of the U.S. Food Medical Devices D (hereinafter “CLASI”), and that USD 31,046 U.S. (hereinafter “US”) should be paid at the service cost, including the value-added tax, at the monthly average trading rate of the Seoul Foreign Exchange Brokerage (SMB) 30 days prior to the completion of the registration of the food pharmacy (hereinafter “instant service agreement”).

B. On December 2, 2014, the Defendant paid KRW 4,028,830 equivalent to USD 3,636, out of the above service charges, to the Plaintiff. On February 9, 2015, the Plaintiff registered D’s food pharmacy as a clean source and notified the Defendant’s representative director thereof. On July 28, 2015, the Defendant filed a tax invoice requesting the Defendant to pay the remainder of KRW 33,105,776 [the remaining service charges = USD 27,40 on the basis of the transaction base rate (1,098.40) on February 16, 2015].

C. From January 11, 2015 (from February 9, 2015 to 30 days before the date D is registered) to February 9, 2015, the average of the base rate for trade of USD 1086.46 per USD 1,086,00 for each period of time of Seoul Foreign Exchange Brokerage Co., Ltd. (SMB) (http://www. mbs. mbs. z/E Rate/SS.j) is refer to the base rate for trade by each period of time.

[Ground of recognition] Gap 1, 2, 20, 22, 23 evidence (including paper numbers), Eul 3, the purpose of the whole oral argument

2. According to the fact that the defendant's obligation to pay service costs is recognized, the defendant claims against the plaintiff on August 19, 2015 (if the plaintiff claims that August 13, 2015 is the 15 business day following the 15 business day), which is the day following the payment date, for the remaining service costs of KRW 29,769,004 ($ 27,400 x 1086 x 46) and that the defendant claims on August 19, 2015 (if the plaintiff is excluded from Saturdays and Sundays, it is the 15 business day following the 15 business day from August 19, 2015), which is significant to dispute on the existence and scope of the defendant's obligation to pay the service costs of this case, from September 8, 2017, which is the sentencing date of this case.

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