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(영문) 청주지방법원충주지원 2015.01.08 2014가단3736
용역비
Text

1. The Defendant’s KRW 35,200,00 and the Plaintiff’s annual rate of KRW 6% from July 12, 2014 to January 8, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that provides services such as environmental impact assessment, disaster impact assessment, etc., and entered into a contract with the Defendant for prior examination of factors influencing disasters and local disaster impact assessment services (hereinafter referred to as "first contract") on April 2006, and entered into a contract for prior examination of factors influencing disasters and local disaster impact assessment services on September 14, 2006 (hereinafter referred to as "second contract").

B. The Defendant determined each of the service costs to be paid to the Plaintiff under the first and second contracts as KRW 40 million (excluding value-added tax; hereinafter the same shall apply). As to the timing of payment, the payment was made in advance to pay KRW 8 million within 10 days after the conclusion of the contract, KRW 16 million upon delivery of the draft report with the progress payment, and KRW 16 million within 10 million after the completion of the deliberation, respectively.

The Defendant paid to the Plaintiff the sum of KRW 16 million in advance of the first and second contracts (=8 million won).

C. The Plaintiff completed the service under the first contract, but the second contract was terminated while the Defendant and the original ordering person were performing the service on March 2008, as the contract was reversed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. As to the determination of the claim for the first contract service charges, the Defendant also has the above obligation to pay the above amount, with the exception of the remaining KRW 32 million, excluding the amount of KRW 8 million already received, out of the service charges of KRW 40 million under the first contract.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of 35.2 million won including value-added tax (=32 million value-added tax).

B. As the Plaintiff completed at least 80% of the services under the second contract, the Defendant has already been at least 32 million won, which is 80% of the service price under the second contract.

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