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(영문) 수원지방법원성남지원 2017.04.05 2016가단21314
용역비
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 54,675,00 with full payment from September 14, 2016.

Reasons

1. Basic facts

A. On December 22, 2014, the Plaintiff entered into a service agreement with the National Institute of Nuclear Convergence (hereinafter “Non-Party Research”) with the content that the Plaintiff would receive a contract for the TPP Engineering Services (hereinafter “instant Services”) from the Non-Party Research Institute for KRW 855,00,000 (including value-added tax).

B. After that, on September 15, 2015, the Plaintiff and the non-party research institute entered into a contract to change the content of KRW 256,50,000 (209,475,000 when the aforementioned advance payment is settled) as the first advance payment, and KRW 299,250,000 (209,475,500 when the aforementioned advance payment is settled) as the second advance payment, and KRW 299,250,000 (209,475,000 when the aforementioned advance payment is settled) as the second advance payment, and KRW 256,50,000 (179,550,000 when the aforementioned advance payment is settled) as the second advance payment.

C. Accordingly, the Plaintiff received respectively KRW 256,50,000 as the advance payment for the instant service payment from the Nonparty-Research Institute on January 15, 2015, and KRW 209,475,00 as the first progress payment on October 26, 2015.

[This case’s division agreement] As of the date of division of the business under Article 2(1) of the Act, all transaction partners in transaction with “A (the plaintiff, hereinafter the same shall apply)” in relation to the business as of the date of division of the business shall guarantee the continuous transaction by “B (the defendant, hereinafter the same shall apply).”

Article 3 (Basic Date of Division and Transfer and Acquisition Assets) The basic date of the divided transfer and acquisition assets shall be April 1, 2016; and “B” shall be paid to “A” in relation to the business [TBS PDR Engineering Services (Contract Number: E2014-196; hereinafter the same shall apply] referred to in Article 1. “B” in Article 4 (Evaluation and Settlement of Business) shall be paid from the contract price as of the date of the division of the business referred to in Article 1, an amount calculated by subtracting the balance of the progress payment and the balance of the advance payment from the balance of the contract price after the date of the transfer and the balance of the advance payment (including additional tax) necessary for the execution of the relevant business from the remainder after the date of the division of the business referred to in Article 1.

(Effect of Transfer and Receipt) This Agreement shall take effect on April 1, 2016.

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