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(영문) 서울남부지방법원 2018.11.08 2017가단239261
용역비
Text

1. The Defendant’s annual interest in KRW 97,136,060 and KRW 90,860,000 among the Plaintiff, from August 25, 2017 to September 13, 2017.

Reasons

1. Basic facts

A. On August 3, 2015, the Plaintiff entered into a contract with the Defendant for a project to establish the Jeju-do Integrated Control Center (hereinafter referred to as “the primary project”) with a contract amount of KRW 715,00,000 (including surtax) and subsequently, performed a project to additionally develop the Jeju-do Integrated Control Center (hereinafter referred to as “the secondary project”) on May 17, 2016 with a contract amount of KRW 90,860,00 (including surtax, 20% of the advance payment, within 20 days after the contract was concluded, 30% of the intermediate payment, within 15 days after the completion of the contract period, and 50% of the remainder of the payment period from May 17, 2016 to June 10, 2016).

B. On June 24, 2016, the Defendant: (a) stated all the test results on each item of the secondary business operation system to the Plaintiff as “hyho; and (b) stated both the “written confirmation of tallying” and the test subject result as “completion”; and (c) issued a “written confirmation of tallying” stating that the particulars are “unspecific” to the Plaintiff.

C. On August 26, 2016, the Defendant issued to the Plaintiff a “case of sending a certain schedule of fund payment” to the effect that the Defendant would pay KRW 20,000,000,000 to the Plaintiff until October 31, 2016, and KRW 30,000,000 until November 30 of the same year, and KRW 40,860,000 until December 20 of the same year.

As of August 24, 2017, the Defendant did not fully pay the Plaintiff the amount of the secondary business contract, and as of August 24, 2017, the amount of the secondary business contract remains KRW 90,860,000 with the principal amount of KRW 6,276,060 with delay damages.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant shall pay to the Plaintiff a total of KRW 97,136,060 (principal KRW 90,860,000, KRW 6,276,060) and the principal KRW 90,860,000, which is the day following the base date for calculating damages for delay, a duplicate of the complaint in this case from August 25, 2017, to the Defendant.

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