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Reasons
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(영문) 대전지방법원서산지원 2019.06.19 2018가단2266
용역대금
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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 120 million and the interest rate from September 13, 2018 to the day of full payment.

Reasons

1. The following facts can be acknowledged in full view of Gap evidence No. 1 to 4, Eul evidence No. 4, and the purport of the whole pleadings.

As of July 20, 2015, Defendant C entered into a building design agreement with the Plaintiff on July 20, 2015 (hereinafter “Agreement between July 20, 2015”) while carrying out the business of constructing and selling a new building on the ground of Daegu-gun D.

2) The above contract (Evidence A 1-2) contains the following: “Design Contract Name: Construction plan for the F Complex Facilities in Daegu E: Number of floors: 5 stories underground and 17 stories underground, total floor area: approximately 28,935.73 square meters, contract amount: KRW 60,000 per square meter (per square meter x total area).”

3) On September 8, 2015, Defendant C paid the Plaintiff the down payment of KRW 50 million. Meanwhile, on August 28, 2015, the Defendant Company was established for the purpose of real estate sales business, etc. on August 28, 2015. The representative director was Defendant C, but entered into a building design contract with the Plaintiff on September 8, 2015 (hereinafter “the building design contract between the Plaintiff and the Plaintiff on September 8, 2015”).

2) The above contract (No. 1-1): “Design contract title: Ftel and neighborhood living facilities construction plan in Daegu E: Number of floors: 4/Ground floor and 15 stories: Total floor area: 27,847m2: contract amount: KRW 550,000,000 ( separate tax), contract date: July 20, 2015.” (3) The Plaintiff entered into the said contract on September 8, 2015, and paid KRW 50 million to the Defendant C.

4. In addition, the Defendant Company: (a) KRW 10 million on September 8, 2015; (b) KRW 80 million on October 26, 2015; and (c) KRW 10 million on March 23, 2016; and (b) KRW 10 million on March 23, 2016;

4.12.20 million won, per year;

5.9.10 million won paid a total of KRW 220 million.

C. On May 4, 2016, the Defendant Company entered into a building design agreement with the Plaintiff on May 4, 2016 (hereinafter “the building design agreement between May 4, 2016”).

2) The above contract (Evidence A 4) provides that "design contract title": a new construction plan and number of floors of FF neighborhood living facilities in Daegu E: 1st underground floor.

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