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(영문) 수원지방법원 2016.06.14 2014가단536833
용역대금
Text

1. Defendant B’s KRW 4,100,000 as well as 20% per annum from December 16, 2014 to September 30, 2015, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. (1) On June 17, 2011, the Plaintiff and the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) concluded a contract to create factory sites for the Defendant Co., Ltd. (hereinafter “instant service contract”). A separate contract for construction was concluded regarding specific development activities for the creation of factory sites. The main contents of the instant service contract are as follows.

Article 2 (Indication of Real Estate) With respect to the authorization and permission, civil engineering works, and construction works related to the approval of factory construction of a project site under Article 3 (Scope of Services) of the project site under Article 3 (Scope of Services), shall be performed by the Plaintiff and the specific scope of services shall be as follows:

1. Consultation on the location and selection of factory sites;

2. Planning Committee’s deliberation and preparation and rental of books;

3. Authorization, permission and rent related to approval of factory construction;

4. Building permit design and supervision;

5. Site preparation works;

6. Construction and completion;

7. Selection of, and guidance on, subcontractor service companies;

8. Affairs of a development agent in charge of the above matters (the details of services in Article 3) (1) of the affairs of a development agent in charge of the above matters: In the case where the plaintiff provides real estate consulting services to the defendant company so that the defendant company can select the project site, the defendant company will pay the service cost to the plaintiff as the cost of real estate consulting services, the amount paid shall be set at one percent of the price of the land transaction, and the time of payment shall be the time of transfer of ownership.

(2) The total construction cost shall be 6% of the corporate profits, excluding general management cost of a constructor, and the total construction cost for civil works and construction works shall be the actual amount.

3. The down payment under this service contract shall be KRW 100 million, and shall be paid at the time of conclusion of the service contract, and shall be offset against the part of the construction cost in the future.

§ 5 (Term of a service contract).

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