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(영문) 의정부지방법원 2013.07.12 2012가단53123
용역비
Text

1. The defendant shall pay 6,00,000 won to the plaintiff and 20% per annum from September 28, 2012 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 4, 2010, the Plaintiff entered into a technical service contract with the Defendant for the service cost of KRW 187 million (including value-added tax; hereinafter the same shall apply; hereinafter, the same shall apply) within seven days after the conclusion of the contract; KRW 44 million within seven days after the first intermediate payment; KRW 33 million within seven days after the second intermediate payment was submitted to Gangwon-do; KRW 33 million within seven days after the completion of consultation on district unit planning; and KRW 33 million within seven days after the completion of consultation; and within seven days after the completion of consultation on district unit planning; the remainder of KRW 33 million shall be paid within seven days after the completion of consultation on a tourist destination development plan; and the period of contract shall be determined by the date of completion of consultation on the change of plan plan (hereinafter referred to as “instant service contract”).

B. From that day, the Plaintiff commenced the service under the instant service contract and completed it on March 4, 2012, and thereafter delivered to the Defendant the designation and alteration of a tourist destination, which is the result of the instant service contract, and the designation and alteration of a development plan, the service document, the district unit planning-making document, etc.

C. Meanwhile, by April 28, 2011, the Defendant paid to the Plaintiff the sum of KRW 121 million in total the down payment and the second intermediate payment (= KRW 44 million in total) to the Plaintiff by April 28, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to Gap evidence 5-2, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of KRW 66 million in total of the third intermediate payment and the remainder of the service cost of the instant service contract (= KRW 33 million) and the damages for delay calculated at the rate of 20% per annum from September 28, 2012 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case.

B. Determination of the Defendant’s assertion

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