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Reasons
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(영문) 부산지방법원 2020.02.12 2019가합43715
용역비
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1. As to KRW 220,00,000 among the Plaintiff and KRW 110,000,000 among them, the Defendant shall start from April 20, 2018 to October 10, 2018.

Reasons

1. Facts of recognition;

A. On February 2, 2018, the Plaintiff entered into a PE service contract with the Defendant and C Co., Ltd. (hereinafter “C”) with respect to the D industrial complex development project (hereinafter “instant project”) as follows (hereinafter “instant service contract”). The Plaintiff entered into the instant service contract (hereinafter “instant service contract”). The main contents of the contract are as follows.

The Defendant (hereinafter referred to as “A”) and C (hereinafter referred to as “B”) enter into a PM service agreement with the Plaintiff (hereinafter referred to as “A”) for the instant project.

Article 1 [Service Purpose] The purpose of this Agreement is to ensure the smooth progress of the Project by allowing Byung to perform the PMF services for the Project in this case.

Article 2 [Business Period] Started on June 1, 2017, and the end point of the service business is until the conclusion of the joint agreement with A and B and the renewal of agreement with A and E (hereinafter referred to as “E”).

[Scope of Services]

1. Byung shall make every effort to conclude a joint agreement with Gap and Eul for the execution of the instant project and a re-agreement with E.

Article 4 [Methods of Payment of Service Fees] including value added tax of 110 million won for the primary service charges; hereinafter the same shall apply.

Within 30 days after the conclusion of a joint agreement with Gap and Eul, the third service fee of 110 million won is paid by January 31, 2019,000 won not later than 110 million won until January 31, 2020, which is paid by January 31, 2020 for the 4th service fee of 110 million won until January 31, 2020. Article 7 [Matters under a special agreement]

1. The instant contract is null and void within 60 days from the date of the contract between A and B when the conclusion of a joint agreement and a re-agreement with A and E is not possible, and Byung may not demand money for any reason.

2. “A” and “B” recognize that the conclusion of a joint agreement with “A” and “B” are completed at the time of conclusion of a re-agreement with “A” and “E”.

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