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(영문) 대구지방법원 2019.12.17 2018가단133301
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 March 27, 2013, the Plaintiff entered into a D Service Contract (hereinafter “D Service Contract”) with C local government in KRW 3,105,300,000, which is ordered by C local government.

B. On February 10, 2014, the Plaintiff entered into a technical service contract (hereinafter “second service contract”) with C local governments, setting the amount of KRW 1,340,00,000 (excluding survey costs out of the first service contract) to provide the Defendant with the amount of KRW 1,340,00,00 (1/2). The main contents are as follows.

Article 1 (Purpose) The purpose of the defendant is to perform all matters, such as performance of tasks and performance products, in accordance with the task instruction presented by the plaintiff, at the responsibility of the defendant.

Article 2 (Scope of Overwork)

1. The business of the above services that the plaintiff entered into a contract shall be responsible for the defendant, such as the performance of the business and the supply of performance products, in accordance with the order of the ordering agency.

2. When there is a requirement to place an order with respect to this task, the Defendant shall actively provide cooperation and technical information.

Article 3 (Amendment of Contract) The scope of service may be added, reduced, or the standard of design may be modified according to the circumstances of the ordering place, and matters concerning the change of the price of service and the period of service, etc. arising therefrom shall be dealt with by the plaintiff

Article 13 (Payment of Service Price and Guarantee Fees)

1. The payment of the service cost shall be made within 10 days to the Defendant according to the ratio of the amount received from the original place of order after completion of the delivery of the performance product.

C. On December 7, 2017, the first service contract was final and conclusive at KRW 3,191,980,000, the service price of which was increased by KRW 86,680,000, compared to the first one. In detail, in addition to the change of the item amount, the part related to the prior examination of factors influencing disasters was excluded, and the part related to the preparation of numerical maps and the announcement of topographic drawings was added in addition to the part related to the computerization of the computer register.

The plaintiff is the defendant.

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