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(영문) 제주지방법원 2019.01.17 2017가합12093
용역비
Text

1. The defendant (the plaintiff in the main lawsuit) is 258,871,100 won against the plaintiff (the defendant in the main lawsuit) and its related thereto from August 29, 2017 to January 17, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On October 15, 2015, the Plaintiff and the Defendant entered into a service contract with the Plaintiff and the Defendant (hereinafter “instant site”) and three parcels, including C, Jeju, implemented by the Defendant (hereinafter “instant site”).

2) The construction of the Jeju Complex Corporation (hereinafter referred to as the “instant Jeju Complex Construction Corporation”) is called the Jeju Complex Construction Corporation.

The "Business Management Services Agreement" (hereinafter referred to as the "Business Management Services Agreement") was entered into as follows:

PM Pro rata Management Service Contract

5. Amount of service: 560,000,000 won (the amount excluded from the income tax under withholding).

6. Period of service: Three months after the commencement of the service; Provided, That it may be extended one time through mutual consultation. This contract is intended to enable the Defendant to delegate the services of the Project Management and PM to the Plaintiff on the instant site in the course of promoting the Project for the Construction of the Jeju Complex.

Article 3 (Period of Service)

1. The service period shall be three months from the date of the contract for the service;

However, it is possible to extend once by mutual consultation.

2. The plaintiff must make every effort to ensure that the business given within the service period is completed.

Article 4 (Service Cost and Payment Method)

1. The cost of PM services shall be KRW 560,000,000 (excluding value-added tax);

2. Contract deposit of the balance (80%) 448 million won when concluding a contract for construction works at the time of concluding a contract for construction works at the time of payment of service costs and payment of 56 million won as down payment (10%) at the time of payment of the down payment (10%) 56 million won: 5,000,000 won when making a contract for construction works at the time of making a contract:

3. The service costs shall be paid in cash within seven days from the date of claim for the service costs;

4. Where all or part of the service is interrupted due to a reason attributable to the defendant, the defendant cannot request the plaintiff to return the service cost already paid, and where the service performance is impossible due to the plaintiff's reason, the plaintiff shall return the service cost already received to the defendant.

Provided, That no interest shall accrue following the return.

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