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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 30, 2016, the Plaintiff entered into a technical service contract with the Defendant with respect to the design part of the solar power generation project of the Japanese-style D reservoir C in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-si, with the following content:
(hereinafter “instant contract”). Technical service contracts
1. Technical service name: Design service for solar power plants in the solar water type in the revolving type (Yannam-do D reservoir 300kw, 200kw);
2. Period of contract: from January 10, 2017 to February 28, 2017 (the meaning of Article 6 of the General Conditions);
3. Performance-based delivery period: Supply according to the scheduled processes.
4. Contract amount: No. 27,500,000 won (27,500,000 won); and
5. Payment of cost: Affairs under Article 6 of the General Conditions of Technical Services Contract.
6. Contract performance guarantee rate: Ten percent (10%) of the total amount of the contract.
9. Rate of liquidated damages: 0.25% per day (Provided, That the total amount of the contract shall not exceed 30%): 300 kw of solar solar light facilities, 200 kw structural design, structural review, and general terms and conditions of the working design technical service (A, in the case of the plaintiff and the defendant), Article 4 (Commencement of Technical Service, in the case of the plaintiff and the defendant).
3. The period of task performance shall be the period from the commencement date of the contract or the name date until the last result of the service provided by B has been affected by A or A and the Korea Energy Agency's final pre-use inspection, and the service obligation of B shall be deemed to have been completed.
Article 6 (Payment of Service Fees)
2. A shall pay 30% advance payment at the time B begins services and shall pay 70% balance within 15 days after receipt of the performance product.
The service price may be paid to B by recognizing that the service is completed, unless there is any separate objection after the takeover and inspection is conducted by A who has taken over the performance product within the contract period.
Article 7 (Payment of Remuneration upon Suspension of Design Work)
2.A shall calculate the rate of time to the contract price and pay A the remuneration for the services performed until the time this excess is interrupted due to a cause attributable to which A falls under any of the following 1.
(2) This section shall be section 2.