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(영문) 서울중앙지방법원 2014.11.14 2014가합505012
용역비
Text

1. The Defendant’s KRW 50,000,000 as well as 6% per annum from September 27, 2013 to February 27, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of developing and planning and consulting on land development and construction, and the Defendant is a company with the objective of real estate sale and lease business.

B. On December 30, 2012, the Plaintiff entered into a design service contract for the establishment of a master plan (hereinafter “instant design service contract”) with the Defendant regarding the support facilities for the Yongsan-gun Complex in Chungcheongnam-do.

According to the design service contract of this case, the design service cost is KRW 500 million (excluding surtax), and the defendant is obliged to pay the plaintiff the total amount of the design service cost when selling the first land division among the two-stage sites.

C. After performing the duty under the instant design service contract, the Plaintiff requested the Defendant to pay the design service cost of KRW 500,000 to the Defendant on February 19, 2013, and the Defendant has the same year.

3. The plaintiff 14. The same year

6. The reply was sent to the payment by the end of the year.

On the other hand, on September 26, 2013, "the first parcel of land division among the two-stage sites stipulated in the design service contract of this case" has been sold, and the registration of ownership transfer has been completed.

[Ground of recognition] Facts without dispute, Gap evidence 4, Gap evidence 7, Gap evidence 9, Gap evidence 11, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the design service cost of KRW 50 million under the design service contract of this case (i.e., KRW 500 million plus KRW 50 million) and to pay damages for delay at each rate of KRW 20 million per annum under the Commercial Act from September 27, 2013 to February 27, 2014, which is the day following the due date, a copy of the complaint of this case was served on the Defendant from September 27, 2013, and KRW 60 per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the due date.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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