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(영문) 서울고등법원 2015.09.02 2014나2008927
용역비
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

2...

Reasons

1. Basic facts

A. On May 8, 2007, the Plaintiff entered into a service contract with the Defendant on the following terms: (a) amendment of detailed facilities of the B amusement park and implementation plan services (the original owner: Daewoo Automobile Sales Co., Ltd.; (hereinafter “B amusement park services”); and (b) amendment of the Class C Class-I district unit planning services (technology: hereinafter “C unit planning services”); and (c) on July 30, 2008, a service contract with the content that receives a subcontract for the relevant services cost of KRW 211,00,000 (including value-added tax); and (b) concluded a service contract with the content that receives a subcontract for the relevant services cost of KRW 270,00,000 (including value-added tax).

(hereinafter referred to as “each of the services in this case”). B.

On October 26, 2010, the Plaintiff and the Defendant concluded a settlement agreement on service costs under each service contract, etc. of this case (hereinafter “instant agreement”) and drafted a written agreement. The main contents of the instant agreement are as follows.

Article 1(1) A (referring to the defendant; hereinafter the same shall apply) shall pay to B (referring to the plaintiff; hereinafter the same shall apply) no later than the 10th day (the first arrival business day in the case of legal holidays) of the following month when the amount of the unpaid accounts for the services referred to in subparagraphs (1) through (3) is completed from the original place of origin:

Provided, That the payment rate shall be in accordance with the deposit rate from the original place of origin, and Eul shall submit the request documents (excluding the documents submitted and the performance materials) requested by A in connection with the claim for service costs.

(1) Class C district unit planning (technical) design and design services: 181,000,000 won (including value-added tax) in unpaid accounts. (2) D urban management planning (including urban planning facilities and medical facilities): 15,000,000 won in unpaid accounts (including value-added tax). (3) Specific modification of facilities and implementation plan services in B amusement park: A fact that there is no dispute over unpaid accounts (including grounds for recognition), A, 2,000 won in unpaid accounts.

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