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(영문) 서울중앙지방법원 2018.04.30 2016가합564541
용역대금 청구
Text

1. The Defendant’s KRW 67,742,442 as well as the Plaintiff’s KRW 6% per annum from November 16, 2016 to April 30, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of conducting comprehensive supervision in construction works, and the Defendant is a company that engages in distribution, service, etc.

B. On August 16, 2012, the Plaintiff awarded a contract for construction project management services with the Defendant through competitive bidding in the public notice of the selection of service companies (hereinafter “instant public notice”) on June 22, 2012 for construction project management (hereinafter “instant service contract”), and entered into a contract with the Plaintiff on August 16, 2012 (hereinafter “instant public notice”). The main contents are as follows.

The name of service: The contract price for construction project management of Defendant A Corporation (including value-added tax): the contract price of KRW 3,169,712,00 (including value-added tax): 475,456,800: the contract price for delay: the contract price of KRW 2.5/1,000: from August 16, 2012 to February 15, 2016 (42 months from the contract date) the Defendant and the Plaintiff promise to enter into the contract for the service on an equal footing with each other, and to perform their contractual obligations in good faith, and each party enters into the contract as evidence of this contract and keep one copy after signing and sealing it.

Attachment:

1. One copy of the service contract, each of the terms and conditions of the service contract;

2. One copy of a pledge of integrity contract and a special condition of integrity contract, respectively.

3. A copy of a service contract and the performance of a contract or of a service under this condition under Article 3 (Scope of Services) of the General Terms and Conditions of the service contract shall mean the performance of basic duties, additional duties, and special duties to be performed by the counter-party to the contract, as prescribed by the contract documents;

Article 4 (Contract Documents) (1) Contract documents shall be comprised of contract documents, good faith documents, general terms and conditions of the service contract, special terms and conditions of the service contract, details of the service contract, and calculation sheets, and shall have the effect of mutual supplementation.

However, in such cases, the calculation statement shall be effective as a contract document as the standard to be applied at the time of the adjustment of the contract amount and the payment of the price for the completed portion as provided in this condition.

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