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(영문) 수원지방법원성남지원 2016.11.09 2016가단6308
설계용역대금
Text

1. Defendant Hyoung Engineering Co., Ltd.: (a) KRW 43,626,00 and its amount from February 25, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant Native Forest Industry Co., Ltd. (hereinafter “Defendant Native Forest Industry”) ordered “TRIP PP pipeline design services” and “Vinh4 design services” as prescribed by the contract period from January 9, 2015 to November 2, 2015, which were determined from January 28, 2014 to April 15, 2014, to Defendant Hative Engineering Co., Ltd. (hereinafter “Defendant Hative Forest Industry”), and Defendant Hative Forest Industry requested the Plaintiff to provide the said services.

B. On September 1, 2015, Defendant He completed the work with respect to the “TRIPO PJ pipeline design service” at KRW 108,900,000,000, which was already paid to the Defendant Filial Forest Industry, and set up a letter of waiver of design service, stating that the work is terminated at KRW 69,300,000,000, which was already paid for the “Vinh 4 design service.”

C. The Plaintiff’s price for the service that was not paid by the Defendant subordinate to the above design service is KRW 43,626,00.

【Defendants-based based on the recognition: Fact that there is no dispute, entry of evidence Nos. 1 through 3 in the evidence Nos. 3, and purport of the whole pleadings: Defendant subordinate to the purport of the whole pleadings (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

2. Determination

A. According to the facts of the above recognition of the claim against Defendant Ha Young-young, Defendant Ha Young-young is obligated to pay the Plaintiff the unpaid service payment amount of KRW 43,626,00 and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 25, 2016 to the day of full payment, which is the day following the service of the original copy of the instant payment order.

B. The Plaintiff’s summary of the Plaintiff’s assertion is that the Plaintiff completed the design service upon the request of the Defendant, and that the Defendant Filial Forest Industry promised to pay the service cost if it transferred the completed PSSA to the Defendant Filial Forest Industry. As such, the Defendant Filial Forest Industry is jointly and severally liable to pay the service cost with the Defendant Filial Forest Business. 2)

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