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(영문) 제주지방법원 2016.07.26 2015가단10539
용역대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 25,00,000 won and the interest rate of 15% per annum from May 13, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On October 2013, the Plaintiff entered into a technical service contract with Defendant A Co., Ltd. to implement the current status survey and civil engineering design and small-scale environmental impact assessment services according to the C development project at KRW 40,000,000, and performed all the services under the said contract. However, the Plaintiff was paid only KRW 15,000,000 out of the service price and did not receive KRW 25,00,000 from the said Defendant Co., Ltd.

B. On July 25, 2014, Defendant B prepared a letter of intent to jointly and severally guarantee Defendant A’s remaining service payment obligations against the Plaintiff.

【Facts without dispute over the grounds for recognition】 Facts, entries in Gap evidence 1 through 3, and purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the remaining service payment amount of KRW 25,00,000 and damages for delay calculated at the rate of 15% per annum from May 13, 2016 to the date of full payment, as the Plaintiff seeks.

3. Defendant A, on the Plaintiff’s assertion, paid KRW 10,00,000 to the Plaintiff’s partner company on behalf of the Plaintiff. As such, the part of the Plaintiff’s claim seeking payment exceeding KRW 15,00,000 out of the Plaintiff’s claim is unreasonable. However, there is no evidence to prove that the Defendant Company paid the Plaintiff’s service payment to the Plaintiff’s partner company on behalf of the Plaintiff. Therefore, the above Defendant Company’s assertion is without merit.

4. Conclusion, the plaintiff's claim of this case is accepted as reasonable.

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