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(영문) 청주지방법원 2016.02.17 2014가합25105
용역비
Text

1. The Defendant’s KRW 42,027,010 for each of the Plaintiffs and 5% per annum from January 1, 2011 to February 17, 2016, respectively.

Reasons

1. Basic facts

A. The Plaintiff Korea Structural Safety Technology Institute (hereinafter “Plaintiff Technology Institute”) is a legal entity engaging in the business of safety diagnosis, inspection, etc. of construction structures. The Plaintiff Co., Ltd. (hereinafter “Plaintiff A”) is a legal entity that engages in the business of maintaining and managing facilities and providing technical services for construction. The Defendant is a person who resided in the Chungcheongbuk-gun C Apartment (hereinafter “instant apartment”).

B. The apartment of this case is located at a place less than 0.7 to 6.5km away from the Cheongju Airport, and the occupants of the apartment of this case appealed from the aircraft noise due to the flight landing at the above Cheongju Airport.

C. Around October 2004, the Plaintiffs entered into a diagnosis service contract, such as apartment noise, with the purpose of facilitating litigation at the time of filing a lawsuit against the Plaintiff’s residents of each apartment of this case, by measuring the degree of damage caused by aircraft noise of the residents of each apartment of this case, including the Defendant, etc. (hereinafter “instant service contract”). Around October 2004, the instant service contract was signed by the Defendant as “the service requester (the representative of the residents)” and affixed the seal of the president of the association of occupants of the apartment of this case.

In entering into an entrustment contract with the plaintiffs (hereinafter referred to as "B") of the apartment of this case, the apartment of this case (to be entered in the separate list of the designated parties, the designated parties, and the representatives of the occupants' representatives (the representatives of the lessees) that represent them; hereinafter referred to as "A") shall determine the necessary mutual rights, obligations, etc. and faithfully perform the contract in accordance with good faith, in which the noise inspection services for the above apartment of this case and their surroundings and each household are entered into the entrustment contract:

(Interim omitted) Article 6 (Payment for Services) (1) A shall receive from B the economic fixed compensation for the service cost.

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