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(영문) 창원지방법원 2020.08.21 2019나63949
용역비
Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The reasons why the court should explain by the court of first instance for the acceptance of the judgment of the court of first instance are as follows: (a) the argument of the first instance on the fourth page of the judgment of the court of first instance as the defendant's assertion; and (b) the argument that the plaintiff emphasizes in this court is added to the judgment of the court of first instance, and therefore, (c) the reasoning of the judgment of the court of first instance is as follows.

2. Additional determination

A. On November 18, 2018, the Plaintiff asserted that the Defendant decided to convert the bid bond for a collaborative company to a loan for project expenses and use it as a cost required for the implementation of the project, etc. at the special meeting of the Plaintiff. Accordingly, the period of payment for the service cost (15,500,000 won, which is 30% of the total service cost) due to the selection, etc. of the contractor under Article 3 subparag. 3 of the instant service contract

Accordingly, on January 2, 2019, the plaintiff sent a letter to the defendant demanding the payment of service costs, and the letter reaches the defendant on January 3, 2019.

Article 3 Subparag. 2 of the instant service contract provides that “The Defendant shall impose damages for delay at the rate of 10% per annum when it does not pay service costs within one month from the date of the claim.” Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay from February 3, 2016, when one month has elapsed from January 3, 2019, claiming the payment of service costs.

B. As to the time when the Plaintiff may claim payment of KRW 115,50,000, which is 30% of the total service cost under the instant service contract on the ground of the selection of the contractor, Article 3 subparag. 3 of the instant service contract provides that “The Plaintiff shall execute the payment rate by phase, which is executed in accordance with the fund execution plan of the trust company and the lender group after the selection of the contractor.”

According to Gap evidence Nos. 2 and 3, the defendant selected D Co., Ltd. as a contractor from an extraordinary general meeting on November 18, 2018, and extended a total of KRW 6,650,00,000 as a project expense.

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