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1. The Defendant’s KRW 39,600,000 as well as the Plaintiff’s annual rate of KRW 6% from August 28, 2013 to October 16, 2017.
Reasons
1. Determination as to the cause of claim
A. (1) On July 12, 2012, the Plaintiff entered into a contract with the Defendant to be entrusted with the work of calculating construction costs for fundamental infrastructure and rental housing sites; and (2) State and public land free of charge (hereinafter “instant service contract”).
(2) The Plaintiff and the Defendant agreed to provide the service cost of KRW 90 million (excluding value-added tax) for the service of calculating the construction cost for port-based infrastructure and housing site-based housing site-based construction cost (value-added tax of KRW 27 million at the time of a business contract, KRW 27 million at the time of project implementation authorization, and KRW 36 million at the time of supply of final performance products) among the services under the instant service contract.
(3) On August 31, 2012, the Defendant paid KRW 59,400,000 in total with the amount of KRW 29,70,000,000 each on January 29, 2013.
(4) On August 27, 2013, the Plaintiff filed a claim with the Defendant for payment of the remaining amount under the instant service agreement at the same time completing the provision of services under the instant service agreement.
[Ground of recognition] Facts without dispute, Gap 1, 2, Gap 3's evidence 1, 2, Gap 4-1, 2, Gap 5's evidence, Gap 6-1, 2, and 3's contents and purport of the whole pleadings
B. According to the above facts, the Defendant, barring any special circumstance, is obligated to pay the Plaintiff the service cost of KRW 39,600,000 (= KRW 99,00,000 - KRW 59,400,000) and the damages for delay at each rate of KRW 15% per annum under the Commercial Act from August 28, 2013 to October 16, 2017, which is the day following the day on which the Plaintiff requested the Defendant to pay the service cost after the provision of the above service.
2. Judgment on set-off by the defendant
A. The Defendant’s defense against set-off has paid an excessive amount of KRW 37,556,062 with respect to the free transfer of state and public land among the services under the instant service contract.