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1. The Defendant shall pay to the Plaintiff (Appointed) KRW 16,528,777, KRW 13,930,074, and KRW 2,150,000 to the Appointed C.
Reasons
1. Basic facts
A. On December 11, 2009, the Defendant entered into a service contract with the Reference Housing Co., Ltd. (hereinafter “Reference Housing”) to receive a contract for the design services for an urban development project in the Yongsan-gu Busan Metropolitan City, Seoyang-gu (including additional duties) from the Reference Housing to KRW 4,620,000,000 (including additional duties).
B. On January 4, 2010, the Defendant entered into a subcontract for technology services under Article 12 of the General Conditions for the Contracts for Technology Services (hereinafter “instant contract”) with Dongi-gu Co., Ltd. (hereinafter “Dongi-gu”), with Dongi-guon Co., Ltd., Ltd. (hereinafter “Dongi-gu”), with the period of subcontracting at KRW 53,240,00 (including value-added tax) for topographical status survey services, among design services contracted from Dongi-guon housing.
Article 12 of the General Conditions for Technical Services Subcontracts provides that “The payment of the price shall be within the scope of the payment ratio of the ordering entity, except as otherwise expressly provided, but the performance items of the business performed by Dong-westian shall be paid in cash after passing through the inspection of the ordering entity and receiving the price from the ordering entity. ② The payment of advance and progress payment may be made in consultation between the Defendant and Dong-west in order to facilitate the performance of the services performed by Dong-west Islands. In this case, Dong-west shall submit a guarantee certificate to guarantee the return of advance payment to the Defendant.”
C. Before May 2010, Dongienna submitted to the Defendant the outcome produced under the instant contract and issued a tax invoice.
An urban development project in the Yongsan-gu, Busan Metropolitan City, which has been promoted, was not satisfied the requirements, and the application was returned to the Goyang-si, and thereafter the house for reference is in the situation in which the above project cannot be implemented.
E. (1) The Plaintiff (Appointed Party) was the Suwon District Court Annyang Branch of the Suwon District Court No. 2011Ga33601, supra, (No. 2012TTT2677).