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(영문) 인천지방법원 2014.02.07 2013가합31997
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 May 8, 2007, the Plaintiff entered into a contract with the Defendant to receive a subcontract of KRW 211,000,000 (including value-added tax) for detailed changes in the B amusement park facilities and implementation plan services (the original owner: Daewoo Automobile Sales Co., Ltd.; hereinafter “B amusement park services”). On July 30, 2008, the Plaintiff entered into a contract with the Defendant to receive design(technical) services (technical) services (technical construction) for Class C Class-I district unit planning (hereinafter “C services”) (including value-added tax) for KRW 270,00,000.

(hereinafter referred to as “each of the services in this case”). B.

On October 26, 2010, the Plaintiff and the Defendant concluded a settlement agreement on service costs under each service contract, etc. of this case (hereinafter “instant agreement”) and drafted a written agreement. The main contents of the instant agreement are as follows.

Article 1(1) A (referring to the defendant; hereinafter the same shall apply) shall pay to B (referring to the plaintiff; hereinafter the same shall apply) no later than the 10th day (the first arrival business day in the case of legal holidays) of the following month when the amount of the unpaid accounts for the services referred to in subparagraphs (1) through (3) is completed from the original place of origin:

Provided, That the payment rate shall be in accordance with the deposit rate from the original place of origin, and Eul shall submit the request documents (excluding the documents submitted and the performance materials) requested by A in connection with the claim for service costs.

(1) Class C district unit planning ( technology) design service: 181,00,000 won in unpaid accounts (including value-added tax): (2) Services of determining (technical) medical facilities (including urban planning facilities and medical facilities): 15,000,000 won in unpaid accounts (including value-added tax).

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1 by the parties is the Plaintiff’s assertion from the Defendant.

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