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(영문) 전주지방법원 2018.01.12 2016가단27865
용역대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a professional engineer office with the objective of designing and authorizing, and the Defendant is an incorporated foundation that operates a memorial park, which is a corporate cemetery, in the Round of the Dolle of Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant cemetery”).

B. On November 17, 2006, the Defendant concluded a service contract with a service cost of KRW 370,000,000 with respect to the design and authorization work of the cemetery of this case to create the cemetery of this case.

(E) After the Plaintiff’s change of the service cost to KRW 460,00,000 (hereinafter “instant First Contract”). After completion of the relevant work regarding the designation of a project implementer for the instant cemetery and authorization of an implementation plan pursuant to the National Land Planning and Utilization Act, the Plaintiff filed an application against the Defendant for a payment order seeking payment of the unpaid service cost with the Jeonju District Court No. 2012j4294.

On September 7, 2012, the Jeonju District Court ordered the Plaintiff to pay 294,800,000 won to the Defendant and damages for delay calculated at the rate of 20% per annum from September 12, 2012 to the date of full payment. The payment order was finalized on September 26, 2012.

C. On March 11, 2013, the Plaintiff and the Defendant entered into a service contract (hereinafter “instant second contract”) with a total of KRW 30,000,000,000,000, in addition to the service charges of KRW 256,000,000 for the remainder of the contract under the instant first contract (hereinafter “instant contract”).

Since then, on February 14, 2014, the plaintiff implemented a service contract, and the head of the complete Gun announced the designation of the operator of the urban planning facility business (change) and the approval of the implementation plan (revision).

The title of agreement: 286,00,000 won for the services and services for the modification of the cemetery development project of this case: Additional tax Map - The remainder of unpaid 256,000,000 won - The duty that the Defendant is obliged to carry out under Article 3 (Scope and Period of Services under the Convention) of the 30,000,000 won for the modified services shall be following the modification of the cemetery development project of this case.

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