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(영문) 서울중앙지방법원 2020.10.13 2018가합550881
용역비
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant)’s KRW 47,407,397 and its related amount from June 14, 2018 to October 13, 2020.

Reasons

1. Basic facts

A. On June 28, 2013, the Plaintiff entered into a service contract (hereinafter “existing contract”) with the Defendant, who is implementing the pertinent business, to set the contract amount of KRW 1.3 billion (including additional tax), the site area of KRW 3,580,397 square meters, etc., with respect to the project to develop the “D” tourism complex (hereinafter “instant project”), which is located in the Gangseo-gun, Gangnam-gun, Gangwon-do, and the Defendant who is implementing the pertinent project, to allow the designation of the tourism complex and the approval of the development plan for the said project (hereinafter “existing contract”).

The main contents of a contract prepared in the course of concluding an existing contract (hereinafter referred to as "existing contract") are as follows:

Article 3 (Scope of Services) (1) In principle, the scope of the contract for “B” (referring to the Plaintiff; hereinafter the same shall apply) shall be based on the attached Table 1’s business report, but it shall include the scope of services omitted for performing construction works.

(2) “B” shall include all necessary matters by the time the “approval for designation of a tourism complex and development plan” and “approval for designation of a tourism complex and development plan,” such as CDs, in accordance with the purpose of the contract.

Article 5 (Method of Payment of Service Fees) (2) Table B

1. A and “A” claims against “A” along with relevant evidentiary materials (including books inspection and approval materials) requested by “A” (referring to four ordering entities, including the Defendant and E; hereinafter the same shall apply) related to the service affairs by no later than the filing date of each claim pursuant to the “payment method” and “A” list.

1. Payment shall be made after confirmation of the completion by phase of “A” in accordance with the payment method of the service cost.

A claim for progress payment and tax invoice shall be filed with the defendant for convenience.

Schedule :

1. Article 10 (Omission of Specific Details of Method of Payment of Services Price) (2) Alteration of “A”, amendment of relevant laws and regulations, and amendment of the contract, including modification of the approved business, term of the contract, etc. due to force majeure, such as natural disasters.

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