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(영문) 창원지방법원통영지원 2017.09.12 2017가단1294
용역비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s determination on the cause of the claim is a person who engages in the business of surveying and civil engineering design as “C,” and the Plaintiff entered into a service contract with the Defendant on August 8, 2012 with respect to civil engineering and construction design for the Dunwon Housing (hereinafter “instant service contract”). As to the method of payment of the cost, “service cost is a condition under which a site of 200 square meters for civil engineering work after the permission is granted, and the cost of creating forest resources and performance guarantee related to the permission is under the conditions that a site of 200 square meters for the permitted work, and the cost of creating forest resources and performance guarantee related to the permission shall be paid by the business owner at the request of the other party when the project is suspended or has not been performed for a month after the contract was concluded, and the Defendant agreed that the land or the amount equivalent to the total amount of the cost of land shall be paid by the business owner at the request of the other party to the contract, or that there was no dispute between the head of Seongbuk-gun Gun on October 31, 2014 and 14.

According to the above facts of recognition, the defendant is obligated to pay the service payment of KRW 40,000,000 and delay damages to the plaintiff, except in extenuating circumstances.

2. The defendant's defense of extinctive prescription is a defense that the plaintiff's service payment claim was extinguished by prescription fees. Thus, the fact that the performance under the service contract of this case was completed on November 16, 2012 is as recognized in paragraph (1). The above service payment claim constitutes "a claim concerning the construction work of the contractor, news article, or any other person who is subordinate to the design or supervision of the construction" pursuant to Article 163 subparagraph 3 of the Civil Act and thus, the short-term extinctive prescription period of three years is applied.

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