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(영문) 서울동부지방법원 2018.08.30 2018가단104635
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that performs safety diagnosis and inspection of a building and structure, structural review of a building, and preparation of a report on the result of defect diagnosis based thereon.

B. On May 28, 2008, the Plaintiff and the Defendant entered into a defect investigation service contract with the Plaintiff to provide defect investigation and determination services for the Seogrgropium, and to pay KRW 11,000,000 at the time of the contract as the service price, and the remainder of KRW 36,30,000 at the time of agreement or judgment.

The Plaintiff conducted a defect investigation of the subdivisional flusium pursuant to the above contract and prepared and submitted a defect investigation report to the Defendant on the facilities. However, after receiving KRW 11,00,000 at the time of the contract, the Plaintiff was not paid KRW 36,300,000 for the remaining service price.

C. While the Defendant filed a lawsuit claiming acquisition money related to the repair of defects against Pung Forest Industry Co., Ltd., the contractor, the Defendant, on January 17, 2013 (Seoul Central District Court 2010Gahap120239), the judgment was finalized on December 27, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 2, Eul evidence No. 1 to 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion of the parties sought payment of the unpaid service payment of KRW 36,300,000 and delay damages therefor against the defendant, and the defendant raises a defense that the above service payment claim has expired by prescription.

B. The claim for service payment of this case is subject to the short-term extinctive prescription of three years with a claim under Article 163 subparag. 3 of the Civil Act.

According to the above facts and evidence, the Plaintiff and the Defendant agreed to enter into a defect investigation service contract on May 28, 2008 and enter into such contract at the time of agreement or judgment. The Defendant filed a lawsuit with the contractor regarding the defect repair and the judgment became final and conclusive on December 27, 2013, and the Plaintiff was aware of the process of the said lawsuit.

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