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(영문) 창원지방법원진주지원 2016.07.13 2014가합10772
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 57,407,826 and the interest rate of KRW 15% per annum from March 4, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a trustee in bankruptcy of a corporation (hereinafter “A”) that provides civil engineering design services, related services, and engineering services, and the Defendant is a person who operates the “EA golf practice range” (hereinafter “the instant golf practice range”) located in Gyeongnam-gun, Busan-gun.

B. On May 8, 2013, A entered into a “application for permission for development of a golf course and working design service contract” (hereinafter “instant contract”) with the Defendant to develop the instant golf practice range operated by the Defendant and the instant golf course with a scale of at least nine holes.

The main contents of the instant contract are as follows.

Contract service name: 250,00,000 won in advance of contract for development activities of a golf course and working design service contract amount: 70,000,000 won in advance: The rate of liquidated damages: each day for delay: 0.25% contract period of the contract amount: May 8, 2013; Article 1 (General Provisions) of the General Conditions of the Technical Service Contract (7 months); and Article 1 (A) of the General Conditions of the Work Agreement (hereinafter referred to as the "A") and the Credit Resolution Company (hereinafter referred to as the "B") shall be implemented on the basis of the principle of good faith and good faith as stipulated in the contract documents.

Article 4 (Scope and Performance of Duties) (1) Survey and measurement (2) Ground survey and soil survey. (3) Small-scale environmental assessment. (4) Working design (civil engineering). (5) Pre-disaster impact assessment (development). (7) The task excluded from the scope of the work of preparing documents on development activities (including preparation of documents on deliberation by the Urban Planning Committee) shall be adjusted through mutual consultation.

Article 5 (Cancellation of Contracts) When "B" commits any of the following acts, it may be cancelled at any time:

(1) When a person who is recognized as not having considerable skills in this technical service engages in such technical service without the approval of “A”, the contract shall be terminated due to the circumstances described in “B” when (3) a natural disaster or force majeure event occurs.

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