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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
1. Basic facts
A. On June 2, 2018, the Plaintiff entered into a contract with the Defendant to carry out authorization and permission and design supervision services for the new construction of solar power plants on the ground, such as the land in the Southern-west Navy C.
(hereinafter referred to as the “instant service contract”). According to the above service contract, the service contract amount is KRW 40,000,000 (excluding value-added tax), and the intermediate payment is KRW 20,000,000 in an intermediate payment is paid within 20 days after the completion of the permission and the commencement of the construction, and the remainder amount is KRW 20,000,000 within seven days after the completion of the development activities.
The contract term stipulated in the contract is from June 2, 2018 to December 30, 2018.
B. On March 4, 2019, the Plaintiff completed the work under the instant service agreement, received a completion inspection on the development activities for solar power infrastructure, and notified the Defendant that it was completed on March 6, 2019.
C. After completion of the aforementioned completion inspection, the Defendant did not pay any balance of KRW 22,00,000 (including value-added tax), and the Plaintiff sent the content-certified mail claiming payment of the remainder to the Defendant by May 20, 2019, around May 24, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the facts of recognition as to the Plaintiff’s cause of claim, the Defendant is obligated to pay the service cost of KRW 22,00,000 under the instant service contract, and damages for delay calculated at the rate of 5% per annum under the Civil Act from May 25, 2019 to September 6, 2019, the service date of the original copy of the instant payment order, from May 25, 2019, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.
B. The Defendant’s defense was asserted that the contract term under the instant service contract was until December 30, 2018, and the Plaintiff completed the service business on March 6, 2019. As such, the Plaintiff’s defense that the compensation for delay should be deducted from the Plaintiff’s service price.