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(영문) 의정부지방법원 고양지원 2018.05.18 2017가합73818
용역비
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 79,100,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 1, 2014 to January 31, 2017.

Reasons

1. Basic facts

A. On September 1, 201, the Defendant, as a housing reconstruction and improvement project partnership established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, concluded a contract with F Co., Ltd. (hereinafter “F”) on September 1, 201 by setting the construction cost as KRW 15,847,86,00 (excluding value-added tax) with respect to the construction of new housing of 15,847,866,00 for the first underground floor, 6, and 4 Dong total units (hereinafter “instant construction”).

(No. 3-1, No. 6, No. 22-1, No. 24). B

As a company engaging in the construction supervision business, etc., the Plaintiff and the Defendant, who were in-house directors of the Plaintiff’s Intervenor B, entered into a supervision service agreement on the instant construction project (hereinafter “first agreement”) on October 10, 2012, the service remuneration amounting to KRW 100 million (excluding value-added tax), the service period from October 10, 2012 to February 28, 2014, and KRW 7 million per month (excluding value-added tax) at the time of extension of the construction period. From around that time, the Plaintiff and the Intervenor, the employee of the Plaintiff’s Intervenor, and D, were stationed in the construction site of this case as a supervisor.

(Evidences 3-2, 4, 8, 1.c. (Evidences 1).

From August 2012, F discontinued the instant construction project around July 31, 2013 due to nonperformance. On November 15, 2013, the Plaintiff, upon receiving a request from the Defendant to assign supervisors to the instant construction site for the failure to repay F, and completed the said request on November 20, 2013.

(A) Evidence Nos. 11, 13, 14, 16, Eul evidence No. 14, 24)

On the other hand, on January 23, 2013, the Defendant paid to the Plaintiff KRW 22 million as the down payment on the first contract, KRW 22 million as the intermediate payment on May 3, 2013, KRW 10 million as the intermediate payment on March 13, 2014, and KRW 54 million as the intermediate payment on March 13, 2014.

(A) evidence of heading 2, 37.e.

Upon the resumption of the instant construction project on March 28, 2014, the Defendant entered into a supervision service agreement with the Plaintiff on March 28, 2014 (hereinafter referred to as “second agreement”) with respect to the instant construction project (hereinafter referred to as “second agreement”) on March 28, 201 and entered into a business remuneration of KRW 42 million (excluding value-added tax), and the business period on March 28, 2014.

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