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(영문) 서울중앙지방법원 2015.12.08 2015가합544441
용역비
Text

1. The Defendant’s KRW 202,400,000 and annual interest thereon from November 8, 2014 to August 27, 2015 and the next day.

Reasons

1. Facts of recognition;

A. On September 25, 2012, the Plaintiff entered into a service agreement with the Defendant to engage in civil engineering (excluding land surveys, roads, storage tanks, landscaping design (parks, green areas), disaster assessment, educational environment assessment, forest trees survey (excluding soil survey), etc. (hereinafter “instant service agreement”) for the authorization of implementation plans for a local animal district (excluding value-added tax), which is KRW 460,000,000,000 (value-added tax).

B. At the time of the above service contract, the Defendant, within 10 days after the conclusion of the contract, paid the Plaintiff the amount of KRW 138 million in advance, the amount of KRW 138 million in advance, the amount of KRW 138 million in advance, and the amount of KRW 100 million in completion within 10 days after the completion of the authorization of the implementation plan within 10 days after receiving the written authorization of the implementation plan.

(Article 5). (c)

After providing services under the instant service contract, the Plaintiff applied for the designation of a business operator and the authorization of an implementation plan on June 18, 2014, and obtained the designation of a project operator and the authorization of an implementation plan on the project for urban planning facilities (roads) project, and the designation of a project operator and the authorization of an implementation plan on the same district urban planning facilities (parks, green areas, and reservoirs) on October 28, 2014.

Meanwhile, on September 27, 2012, the Defendant paid 150 million won to the Plaintiff (i.e., value-added tax of KRW 138 million) as advance payment (i.e., value-added tax of KRW 138 million); and (ii) KRW 1518 million as progress payment on November 15, 2013 (i.e., value-added tax of KRW 138 million).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, Eul evidence 2 and 10, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant’s payment of KRW 22.4 million for the service unpaid to the Plaintiff (i.e., KRW 184 million for completion and KRW 18.4 million for value-added tax) and its implementation plan was completed, from October 28, 2014 to August 27, 2015, the delivery date of the copy of the complaint in this case, 5% per annum as prescribed by the Civil Act, from October 28, 2014 to August 27, 2015, and the following day to September 30, 2015.

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