(영문) 서울중앙지방법원 2015.01.29 2013가합72980

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(영문) 서울중앙지방법원 2015.01.29 2013가합72980

계약금반환및손해배상

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in Gap evidence 1 to 5 (including each number; hereinafter the same shall apply) by reference to the whole purport of the pleadings:

On July 26, 2012, between the Defendant and the Defendant, the Plaintiff entered into a service contract for basic design and detailed design (hereinafter “instant contract”) with the service cost of KRW 780,00,000 (basic design cost of KRW 94,90,000, detailed design cost of KRW 685,10,000), and the service period of KRW 685,10,000) from July 26, 2012 to December 31, 2012.

B. On August 2, 2012, the Plaintiff paid 11,000,000 won for basic design (including value-added tax) to the Defendant and 11,000,000 won for detailed design (including value-added tax).

C. The provisions pertaining to this case in the instant contract are as follows.

4. Terms of payment.

(a) The basic design service cost shall be paid as follows:

completed portion (100%) : Within seven days after the contract is concluded;

(b)The detailed design service cost shall be paid, on the basis of confirmation and approval by the plaintiff or its agent, on the basis of the following:

1) Payment Terms and Conditions (1) (30%) Advance payment: After securing the project funds of the Plaintiff, (2) within 7 days, and (3) within 10 days from the filing of the notice of the end of each month (60%) balance (3) within 3 weeks from the filing of the notice of the mechanical completion and the submission of the final document; (4) A detailed advance payment of the detailed design (10,000,000 won shall be paid together at the time of payment of 10% of the basic design service cost.

8. Unless otherwise specified in this Agreement, the review and the approved drawings, specifications, design documents, etc. submitted by the Defendant shall be reviewed and approved and notified to the Defendant within 10 days from the date of the submission by the Defendant. If no objection or request for modification is made within 10 days, it shall be deemed to have been approved.

2. The parties' assertion

A. The plaintiff's assertion shall perform the service under the contract of this case to the defendant several times.

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