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(영문) 서울동부지방법원 2015.03.17 2014가단101089
용역비
Text

1. The Defendant’s KRW 10,597,530 for the Plaintiff and 6% per annum from May 30, 2013 to March 17, 2015.

Reasons

1. Basic facts

A. On July 22, 2011, the Plaintiff received a contract from the Defendant, who runs a construction design business, for the structural calculation service of a newly built construction project in Guro-dong, Guro-gu, Seoul, and around May 2012, the Plaintiff supplied the above structural calculation statement around 2012.

B. In addition, on August 31, 2011, the Plaintiff received a contract from the Defendant for the structural calculation of the 1,216 large-scale construction of the 1,216 large-scale building located in Kimhae-si. On September 2011, the Plaintiff supplied the above structural calculation statement to the Defendant.

C. The Defendant paid to the Plaintiff KRW 5.3 million on October 7, 201, and KRW 5.3 million on December 28, 2011.

[Grounds for Recognition: Evidence No. 1, Evidence No. 1, Evidence No. 1-1, 2-1, and purport of the whole pleadings]

2. Determination

A. (1) The plaintiff's assertion delivered all structural statements to the defendant according to each of the contracts of this case. As to the service costs, the service costs are generally calculated on the basis of the unit wages of engineers published by the Korea Engineering Association, and therefore, the service costs of each of the contracts of this case are calculated on the basis of a total of KRW 2,920,000 ( KRW 2,3320,000,000,000). Accordingly, the defendant is obligated to pay the remaining service costs of KRW 2,462,00,000 and damages for delay.

(2) The written evidence evidence Nos. 1 and 2 alone is insufficient to acknowledge that the Plaintiff and the Defendant agreed to calculate the service cost of each of the contracts of this case based on the unit price of engineer wage. There is no other evidence to acknowledge it, and there is no evidence to acknowledge the agreement between the parties as to the calculation of the service cost. Therefore, it is reasonable to calculate the service cost of each of the contracts of this case based on KRW 2,500 per one square meter (3 square meter) asserted by the Defendant.

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