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(영문) 서울중앙지방법원 2017.06.23 2016가합557079
용역비
Text

1. The Defendant’s KRW 282,00,000 as well as 5% per annum from July 18, 2015 to October 14, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On June 21, 2010, the Plaintiff entered into a design service contract between the Plaintiff and the Defendant (hereinafter “instant contract”) with the Defendant for the construction of the new construction of lodging and business complex buildings in Seoul Jung-gu and D Urban Environment Improvement Zone (hereinafter “instant building”). The Plaintiff entered into a design service contract with the following content (hereinafter “instant contract”).

C: Contract amount for the construction of new construction of lodging and business complex buildings in the urban environment rearrangement zone - contract amount: 20 million won ( e.g. 2,820,000,000) / Article 4 of the Additional Tax Table (Calculation and Payment Method of Service Costs)

1. The basis and method of calculation of service costs shall be based on remuneration standards;

Provided, That where on-site conditions and design conditions are special or work is added, they shall be determined through consultation with the plaintiff and the defendant.

2. The remuneration for the design work may be paid in lump sum or in installments.

3.In the event of payment in installments, the time of payment and the amount of payment shall, in principle, be as follows, and may be adjusted in consultation with the plaintiff and the defendant:

20% prior to receipt of the construction permit for the 3rd portion portion 42,000,000 〃 20% prior to the completion of the construction permit for the 423,000,000 〃 15% prior to the completion of the construction permit for the 3rd portion portion 42,000 〃 20% prior to the completion of the construction permit for the 4th portion portion 564,00,000 〃 20% prior to the completion of the construction permit for the 5th portion portion 4th portion : 282,00,000 〃 10% prior to the completion of the construction permit for the 5th portion portion portion : 282,00,000 〃 6th portion 6th portion 6th portion 282,000 at the time of receiving the pre-use inspection for the 6th portion portion 282,00,000 〃 282,000

B. On June 21, 2010, the Plaintiff entered into a design service contract (hereinafter “instant outsourcing contract”) with Nonparty E Co., Ltd. (former FF Co., Ltd.; hereinafter “Nonindicted Company”) on the charge of design services for the instant building, and entered into a design service contract (hereinafter “instant outsourcing contract”).

On July 17, 2015, Nonparty Company completed the shop design drawings of the instant building.

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