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(영문) 수원지방법원 2016.01.12 2015가단130423
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 46,00,000 and the interest rate of KRW 15% per annum from August 1, 2015 to the day of complete payment.

Reasons

In full view of the records in Gap evidence Nos. 1 through 3 of the judgment on the cause of the claim, the fact-finding results and the whole purport of the arguments in this court, the plaintiff concluded a design service contract with the defendant, including ① an application for permission for development activities, an application for permission for the diversion of farmland, an application for consultation on permission for diversion of farmland, and a service to provide an application for consultation on permission for diversion of mountainous districts, and a payment of KRW 23 million with the service cost, ② around February 2012, the plaintiff concluded a design service contract with the purport that the plaintiff will provide civil engineering and design services for the creation of a site for neighborhood living facilities and receive KRW 23 million with the above neighborhood living facilities, and the plaintiff completed the service prescribed in each of the above contracts.

According to the above facts, the defendant is obligated to pay to the plaintiff the total service cost of KRW 46 million and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 1, 2015 to the day of full payment after serving the original copy of the instant payment order, which the plaintiff seeks.

The defendant's argument that the defendant is not liable merely because he borrowed only the name of the contract, but there is no evidence to acknowledge it. Therefore, the defendant's defense is without merit.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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