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(영문) 서울중앙지방법원 2019.05.21 2018가단5254266
용역비
Text

1. The Defendant shall pay KRW 76,450,00 to the Plaintiff the annual rate of KRW 15% from November 6, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On August 2014, the Plaintiff entered into a construction design agreement with the Defendant for the construction of the Seoul Songpa-gu Seoul Metropolitan Government C business facilities with KRW 165,00,000 (excluding value-added tax). However, in the event that the design area increases or decreases, the Plaintiff entered into a contract by settling accounts according to the final area at the time of completion and completed the design accordingly.

B. The Plaintiff and the Defendant agreed to pay KRW 69,500,000 (excluding value-added tax) out of the amount of the above construction design service to be paid by the Defendant on or around June 2016 due to the change of design, the delay of construction permission, the invalidation of construction permission, etc. in the above design process. The Defendant agreed to pay KRW 69,50,000 (excluding value-added tax) for the service payment on or after June 2, 2016 through a letter of undertaking that “cases of payment of unpaid service costs” was “cases of payment of unpaid service costs.”

2. According to the facts of recognition as to the Plaintiff’s cause of claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 76,450,00 (including value-added tax) and damages for delay calculated at the rate of 15% per annum from November 6, 2018 to the date of full payment, which is the day following the day when the original copy of the instant payment order was served.

3. Accordingly, the plaintiff's claim of this case seeking its implementation is justified, and it is so decided as per Disposition.

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