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(영문) 서울남부지방법원 2021.01.22 2019나62107
용역비
Text

In accordance with a claim for change in exchange at the trial of the party, the defendant shall pay to the plaintiff KRW 22,950,000 and the defendant shall pay to the plaintiff on April 2, 2019.

Reasons

1. Basic facts

A. A. On November 10, 2017, as of November 10, 2017 between Co., Ltd. (hereinafter “Non-Party Company”) and the Defendant, a contract for services for construction order (hereinafter “the prior contract of this case”) was entered into between Kimcheon-si D Business (hereinafter “instant business”). According to the prior contract of this case, the non-party company performed necessary services to ensure the Defendant’s full completion of the construction order and the construction contract with respect to the instant business, and the Defendant paid 54,500,000 won to the non-party company as the cost of the construction order.

B. On February 13, 2018, Nonparty Company performed all the services specified in the instant prior contract, and the Defendant paid Nonparty Company KRW 13,500,000 (Additional Value Separate) as part of the construction cost, around February 13, 2018.

(c)

On March 22, 2018, Nonparty Company transferred KRW 22,00,000 to the Plaintiff out of the non-claimed claims for construction works under the instant prior contract with the Defendant. On the same day, Nonparty Company notified the Defendant of the partial transfer of the claim by content-certified mail.

(d)

On June 2018, the Plaintiff and the Defendant testified to the effect that “The Vice-Chairperson F of the non-party company was aware that the contract of this case was made between the Plaintiff and the Defendant after the lapse of three months from March 22, 2018 when the non-party company notified the transfer of claims.”

Based on the instant prior contract, the amount of KRW 54,500,000, which was set out in the instant prior contract for services awarded by the Defendant on February 13, 2018, deducted KRW 13,500,000, which was paid by the Defendant on February 13, 2018. (hereinafter “instant contract”). The written contract for services awarded by the Defendant on orders of construction (hereinafter “instant contract”) was written and the date of preparation was written as “ March 5, 2018.”

E. The Defendant paid the Plaintiff KRW 22,150,00 in total, KRW 5,573,00 on June 5, 2018, KRW 16,577,00 on September 16, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 (numbered.)

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