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(영문) 창원지방법원 2015.08.27 2014가단24917
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 45,440,00 and the interest rate of KRW 20% per annum from November 12, 2014 to the day of full payment.

Reasons

1. The facts below the basis of the facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and 3, taking into account the overall purport of the arguments.

A. The Plaintiff is a company with the purpose of an environmental impact assessment agent business, and the Defendant is a company with the purpose of golf course business, etc.

B. On April 2009, the Plaintiff entered into a contract with the Defendant for the ex post facto environmental impact assessment technical services that set the contract amount of KRW 11 million per quarter (including additional tax) and the service period from April 2009 to the completion of construction with respect to the creation of a golf club (hereinafter the instant golf club) that is built by the Defendant.

(hereinafter referred to as the “instant contract”). C.

From April 2009, the Plaintiff started the service under the instant contract, and conducted the follow-up environmental impact survey service by February 4, 2014.

The Defendant paid the amount to the Plaintiff for the service up to February 2/4, 2012, and did not pay the service amount after March 4, 2012, and the Plaintiff notified the Defendant on August 13, 2014 that the service was suspended on the ground that the service amount was not paid.

2. The parties' assertion

A. According to the instant contract, the Plaintiff performed the service up to February 2/4, 2014 under the instant contract, and the Defendant is obligated to pay the service cost unpaid from March 4, 2012 to February 4, 2014. Since the service cost is reduced to KRW 10 million from March 4, 2012 and four employees of the Plaintiff use the golf course free of charge four times a month, the Defendant is obligated to pay KRW 5.68 million to the Plaintiff each quarter.

Therefore, the defendant is obligated to pay to the plaintiff 4,540,00 won (=5,680,000 won x 8 quarter).

B. The service period in the instant contract was determined by the time of completion, and the Defendant’s conditional registration of the instant golf course on June 30, 2010 shall be deemed completed.

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