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1. The Defendant’s KRW 140,000,000 as well as the Plaintiff’s annual rate from December 23, 2014 to January 14, 2016, and the following.
Reasons
1. Basic facts
A. In order to carry out the instant project for the development of underground passage shopping districts (hereinafter “FCD”), FCD Co., Ltd. (hereinafter “FCD”) organized a FCD consortium (hereinafter “instant consortium”) comprised of PPD Co., Ltd. (hereinafter “BC”) as its representative director and PPD Co., Ltd. (hereinafter “BC”) on March 29, 201. On March 29, 2010, the instant consortium entered into a concession agreement with the Busan Traffic Corporation and the “B PPD Development Project (hereinafter “instant concession agreement”).
Article 4 (Calculation of Consideration and Method of Payment) (3) When making installment payments, the time and amount of payment shall be determined, in principle, as follows:
(Contract: 72 million won; 120 million won when the shop design is supplied; 48 million won when the shop design is approved; 240 million won in total; 20 million won when the shop design is approved). Article 14 (Cancellation and Termination of Plaintiff’s Contract) ① The Plaintiff may cancel all or part of the contract in any of the following cases:
1. When he/she finds that the Plaintiff’s work is suspended or cannot resume within 30 days because he/she interferes with the Plaintiff’s work or delays the payment of the price, he/she shall pay the Plaintiff the price for the design work already performed by the Plaintiff, if the design work has been completely or partially suspended pursuant to Article 17 (Payment at the Time of Suspension of Design Work) (1) where the design work has been entirely or partially interrupted pursuant to Article 14.
B. On April 2, 2010, the Plaintiff entered into a design service contract (hereinafter “instant contract”) with respect to the instant project, setting the service amount of KRW 240,000,000, which is set forth as follows. The Plaintiff did not receive the down payment of KRW 72,00,000 at the time.
C. The Plaintiff submitted the design drawings of another design office to the Busan Traffic Corporation without paying the design service fees to the Plaintiff. As FICD, the Plaintiff submitted them to the Busan Traffic Corporation.