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(영문) 부산지방법원 2014.10.29 2013가합17608
용역비
Text

1. The Defendant’s KRW 635,741,00 for the Plaintiff and 6% per annum from October 1, 2013 to October 29, 2014.

Reasons

1. Basic facts

A. (1) The Plaintiff is a company established for the purpose of various building design and building construction supervision, construction technology management services, etc., and the Defendant is a special corporation established for the purpose of medical education, research, medical treatment, etc.

(2) On August 27, 2009, the Plaintiff constituted a joint supply and demand organization (hereinafter “instant joint supply and demand organization”) in order to jointly perform a contract for construction project management (CM) construction contract at the Busan University Hospital Credit Center and the Repulmonary Medical Center. The representative of the joint supply and demand organization (hereinafter “instant joint supply and demand organization”) shall be the Plaintiff, and the investment ratio shall be KRW 86.4% of the said joint supply and demand organization, KRW 1.4% of the Mine Pungto Engineering Co., Ltd., and KRW 12.2% of the Japanese electrical supervision.

B. (1) On September 1, 2009, the instant joint procurement contract concluded a construction project management service contract (CM) with respect to the construction project of the construction project at the Busan National University Hospital credit specialized center (hereinafter “instant first construction project”) with respect to the construction project at the Defendant and the Busan National University Hospital credit specialized center (hereinafter “instant joint procurement contract”). From September 1, 2009 to August 31, 2012, the construction project management service contract (CM) was concluded (hereinafter “instant first service contract”).

(B) Specific terms and conditions of the instant 1 service contract are as follows.

Article 5 (Payment Method of Service Costs) Special Conditions in the First Service Contract of this case shall be paid in cash as follows:

(1) The defendant shall pay 10% of the contract amount within 30 days from the date of concluding the contract.

(2) A joint contractor of this case may submit to the defendant a written claim for payment of completed portion in accordance with the ratio of manpower input by the human resources input by a human resources input plan and a detailed statement of service costs every two months.

(3) The defendant shall make a payment within seven days from the date of receipt of the request for payment.

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